PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 July 2002
         DOCKET NUMBER: AR2002071289


         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. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Ms. JoAnn H. Langston		Chairperson
Mr. Thomas B. Redferen III		Member
Mr. Roger W. Able		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.

---

2. The applicant requests that he be awarded the Purple Heart and the Air Medal.

3. The applicant states that, around March (sic) 1968, he was wounded in the right upper outside leg by an anti-personnel mine that blew the legs off of his captain. His wounds were field dressed. He provides his Report of Transfer or Discharge, DD Form 214, as supporting evidence.

4. The applicant’s military records show that he was inducted into the Army on 28 November 1967. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5. The applicant arrived in Vietnam and was assigned to Company A, 1^st Battalion 505^th Infantry on 27 May 1968. He departed Vietnam on 12 May 1969 after receiving credit for four campaigns. His Enlisted Qualification Record, DA Form 20, item 40 does not indicate that he was wounded in action.

6. The applicant was released from active duty on 26 November 1969 in the rank and grade of Sergeant, E-5 after completing 1 year, 11 months, and 29 days of creditable active service with no time lost. His DA Form 20 shows that his conduct and efficiency were rated as excellent throughout his service. His DD Form 214 shows he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Bronze Star Medal, the Vietnam Service Medal with two bronze service stars, the Marksman Qualification Badge Rifle (his DA Form 20 shows he also qualified as a marksman with the M-60 machine gun), the Republic of Vietnam Campaign Medal, and the Army Commendation Medal with one oak leaf cluster.

7. Army Regulation 600-8-2 provides for the award of the Purple Heart 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 by a medical officer, and the medical treatment must have been made a matter of official record. It provides for award of the Air Medal to any person who will have distinguished himself while participating in aerial flight. It is primarily intended to recognize those personnel who are on current crewmember or noncrewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties. However, it may also be awarded to personnel whose combat duties require them to fly in the attack elements of units involved in airland assaults against an armed enemy. Involvement in such activities serves only to establish eligibility for award of the Air Medal; the degree of heroism, meritorious achievement or exemplary service determines who should receive the award. It also states that a bronze service star is worn on the appropriate service medal for each credited campaign.
8. At the time, U.S. Army Vietnam Regulation 672-1 provided that individuals who traveled by aircraft from point to point for the purpose of participating in combat assaults were eligible for the award of the Air Medal for achievement after completion of 25 assault missions. For personnel transported by aircraft, a combat assault mission was defined as a mission where friendly troops conducted the initial landings into a hostile area for the purpose of conducting combat or combat support operations. A passenger may have received credit for one mission for each assault landing completed.

9. Combat missions were divided into three categories. A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force, or delivery of friendly troops or supplies into the immediate combat operations area. A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation. A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire, or under hazardous weather or terrain conditions.

10. To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions or 100 category III missions. Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II and III flight time and adjust it to a common denominator.

11. Normally, missions flown by personnel assigned to nonaviation units would have been recorded on USARV Form 131 by the individual and signed by the certifying officer.

12. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

13. Department of the Army Pamphlet 672-3 shows that the 1^st Battalion, 505^th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 6 October 1968 - 11 November 1969 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 12 March – 4 October 1968 and the period 3 March – 30 April 1969.

14. A review of the historical files of Company A, 1^st Battalion, 505^th Infantry, 3d Brigade, 82d Airborne Division was conducted at the National Archives, College Park, MD. The review failed to locate orders awarding the applicant the Purple Heart or the Air medal or to locate any other evidence to substantiate his eligibility for award of the Purple Heart or the Air Medal.

15. A search by the U. S. Total Army Personnel Command failed to locate the applicant’s name on the Republic of Vietnam Casualty Roster.

CONCLUSIONS:

1. There is no evidence of record and the applicant provides none to show he was wounded in action; therefore, his entitlement to the Purple Heart is not substantiated. There is no evidence of record and he provides none to show he was recommended for and awarded the Air Medal.

2. The evidence of record shows the applicant met the eligibility criteria for award of the Army Good Conduct Medal.

3. The evidence of record shows the applicant is authorized to wear four bronze service stars on the Vietnam Service Medal.

4. The evidence of record shows the applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and twice awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

5. 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 awarding the applicant the Army Good Conduct Medal for the period 28 November 1967 – 26 November 1969.

2. That the applicant’s DD Form 214 be amended to add the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two awards of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and to show he is authorized to wear four bronze service stars with the Vietnam Service Medal.

---

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

BOARD VOTE:

__JHL__ __TBR__ __RWA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___JoAnn H. Langston___
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002071289
SUFFIX
RECON
DATE BOARDED	2002/07/09
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0018
3.
4.
5.
6.