PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 June 2002
         DOCKET NUMBER: AR2002069619


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright		Chairperson
Ms. Kathleen A. Newman		Member
Mr. Richard T. Dunbar		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 30 November 1991 to show award of the Air Medal, the Purple Heart, the Legion of Merit, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, the Kuwait Liberation Medal awarded by the Government of Kuwait and a second award of the Bronze Star Medal (correctly known as the Bronze Star Medal with First Oak Leaf Cluster).

3. The applicant states that the Air Medal was to be issued automatically when he left Vietnam in 1969. He contends that the Vietnamese unit that he was serving as an advisor conducted many combat air assault missions during his tenure in combat. He also states that he is entitled to award of the Purple Heart due to an injury suffered while in combat in Vietnam. He contends that during an operation called “Quyet Chien” on or about 3-4 January 1969, he stepped on a punji stick. He states that he was treated by Vietnamese medical personnel and was never taken to an American hospital for treatment. He goes on to state that he received a Vietnamese Award for this combat operation. He states that the Legion of Merit, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, the Kuwait Liberation Medal awarded by the Government of Kuwait and his second award of the Bronze Star Medal are not shown on his DD Form 214. In support of his application, he submits a copy of his DD Form 214; a DA Form 1577 (Authorization for Issuance of Awards), dated 3 November 2000; and two undated letters of explanation.

4. The applicant’s military records show that he completed over 30 years of active duty on 30 November 1991 when he retired in the rank of Command Sergeant Major.

5. The applicant’s DD Form 214 with an effective date of 30 November 1991 does not show the Air Medal, the Purple Heart, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, the Kuwait Liberation Medal awarded by the Government of Kuwait or the Bronze Star Medal with First Oak Leaf Cluster as authorized awards.

6. The applicant’s DD Form 214 does show the Legion of Merit as an authorized award. Therefore, this portion of the applicant’s request for correction of his DD Form 214 to show the Legion of Merit will not be discussed further in these Proceedings.

7. The applicant’s service personnel records show that he served as a heavy weapons infantry advisor in Vietnam from 14 October 1968 through 31 August 1969.

8. There are no orders for the Air Medal in the applicant’s service personnel records. There are no flight hours in the applicant’s service personnel records. Item 41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Air Medal.

9. There is no evidence in the available records that show the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

10. Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) is blank. Item 41 (Awards and Decorations) on his DA Form 20 does not show entitlement to the Purple Heart. The applicant’s name does not appear on the Vietnam Casualty Roster.

11. The applicant’s records show that he served in Southwest Asia from
1 October 1990 through 18 March 1991.

12. There is no evidence in the available records that the applicant was recommended for or awarded a second award of the Bronze Star Medal. There are no orders for the Bronze Star Medal with First Oak Leaf Cluster in the applicant’s service personnel records.

13. The applicant’s DD Form 214 with an effective date of 30 November 1991 shows the entry, “REPUBLIC OF VIETNAM GALLANTRY CROSS UNIT CITATION W/BRONZE STAR DEVICE” as an authorized award. However, his records show that he was authorized to accept and wear a personal award of the Vietnam Gallantry Cross with Bronze Star.

14. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

16. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.
17. The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

18. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

19. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

CONCLUSIONS:

1. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for, awarded or otherwise qualified for award of the Air Medal. Therefore, the Board determined that there is insufficient evidence on which to base an award of the Air Medal in this case.

2. The Board considered the applicant’s contention that he is entitled to the Purple Heart because he stepped on a punji stick during combat and he was treated by Vietnamese medical personnel for this injury. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.

3. There is no evidence of record which shows the applicant was wounded or treated for wounds as a result of hostile action in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

4. Based on the applicant’s service in Southwest Asia, the applicant is entitled to correction of his DD Form 214 with an effective date of 30 November 1991 to show award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.

5. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded a second award of the Bronze Star Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal with First Oak Leaf Cluster in this case.
6. Evidence of record shows the applicant was authorized to accept and wear a personal award of the Vietnam Gallantry Cross with Bronze Star. The applicant’s DD Form 214 with an effective date of 30 November 1991 incorrectly shows he was awarded the Republic of Vietnam Gallantry Cross Unit Citation with a bronze star device. Therefore, it would be appropriate to correct the applicant’s DD Form 214 to show award of the Vietnam Gallantry Cross with Bronze Star.

7. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, the Kuwait Liberation Medal awarded by the Government of Kuwait and the Vietnam Gallantry Cross with Bronze Star on his DD Form 214 with an effective date of 30 November 1991.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

INW___ KAN_____ RTD_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Irene N. Wheelwright
                  CHAIRPERSON

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INDEX

CASE ID	AR2002069619
SUFFIX
RECON
DATE BOARDED	20020627
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.