PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 October 2002
         DOCKET NUMBER: AR2002074551


         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. Jennifer L. Prater		Chairperson
Mr. Melvin H. Meyer		Member
Mr. James E. Anderholm		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 correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 30 January 1970 to show two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).

3. The applicant states that he is entitled to two awards of the Purple Heart for injuries incurred in combat in Vietnam. In support of his application, he submits two medical records and a copy of his DD Form 214 with an effective date of
30 January 1970.

4. The applicant’s military records show that he enlisted on 12 May 1966 for a period of 2 years. He completed the Warrant Officer Rotary Wing Aviator Course and was honorably discharged on 5 June 1967 to accept a Warrant Officer appointment. On 6 June 1967, the applicant was appointed a Warrant Officer One in the U.S. Army Reserve and was ordered to active duty. He served as a helicopter pilot in Vietnam from 17 July 1967 through 15 July 1968 and was released from active duty on 30 January 1970.

5. The applicant’s DD Form 214 with an effective date of 30 January 1970, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6. There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

7. His DA Form 66 (Officer Qualification Record) does not reflect entitlement to the Purple Heart.

8. The applicant’s name does not appear on the Vietnam Casualty Roster.

9. In support of his claim, the applicant provided two medical records. One medical record, dated 30 January 1968, shows the applicant sustained a laceration of the right shin. However, there is no evidence that this injury was the result of hostile action.

10. The second medical record, dated 18 April 1968, shows the applicant scraped his leg when exiting the helicopter after being shot down.

11. The applicant’s DD Form 214 with an effective date of 30 January 1970 shows the Air Medal with 13 Oak Leaf Clusters as an authorized award. His service personnel records contain 1st Aviation Brigade General Orders Number 4581, dated 28 September 1967, which show he was awarded the basic award of the Air Medal for meritorious achievement while participating in aerial flight during the period 23 July 1967 to 1 August 1967 in Vietnam.

12. The applicant’s records also contain 1st Aviation Brigade General Orders Number 6081, dated 31 December 1967, which show he was awarded the Air Medal (First through the Twelfth Oak Leaf Cluster) for meritorious achievement while participating in aerial flight during the period 2 August 1967 to 29 October 1967 in Vietnam.

13. The applicant’s flight records show that he flew 548 flight hours of combat time from 31 October 1967 to 1 June 1968.

14. The applicant’s DD Form 214 with an effective date of 30 January 1970 shows the Vietnam Service Medal as an authorized award. His records show that he participated in four campaigns during his assignment in Vietnam.

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, was cited for award of the Presidential Unit Citation for actions during the period 6-23 November 1967 by Department of the Army General Orders Number 5, dated 1979. This award is not shown on his discharge document.

16. Department of the Army Pamphlet 672-3 shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 1 February 1967 to 31 December 1967 by Department of the Army General Orders Number 70, dated 1969. This award is not shown on his discharge document.

17. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969. This award is not shown on his discharge document.

18. Army Regulation 600-8-22 (Military Awards) 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.

19. Army Regulation 600-8-22 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. Regulation provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal.

20. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal. It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award.

21. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1. There is no evidence of record available to the Board which shows that the applicant was wounded as a result of hostile action in Vietnam.

2. The applicant signed his discharge document on 30 January 1970 attesting to the fact that he was not entitled to the Purple Heart.

3. The Board considered the applicant’s contention that he is entitled to two awards of the Purple Heart for injuries incurred in combat in Vietnam.

4. The Board noted the medical record, dated 30 January 1968, provided by the applicant which shows he sustained a laceration to his right shin. However, there is no evidence this injury was the result of hostile action in Vietnam. Therefore, the Board determined that this medical record was not sufficient by itself as a basis for award of the Purple Heart.

5. The Board also noted the medical record, dated 18 April 1968, provided by the applicant which shows that he scraped his leg when exiting the helicopter after being shot down. However, there is no medical evidence that the applicant was injured when the helicopter was shot down, only that he injured his leg when he exited the helicopter. Therefore, the Board determined that this medical record was not sufficient by itself as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded as a result of hostile action. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

6. The applicant’s DD Form 214 with an effective date of 30 January 1970 shows 14 awards of the Air Medal. However, general orders show that the applicant received a total of 13 awards of the Air Medal during the period 23 July 1967 to 29 October 1967.

7. Also, the applicant’s flight records show that he flew an additional 548 flight hours of combat time during the period 30 October 1967 to 1 June 1968. Therefore, the applicant is entitled to 21 additional awards of the Air Medal, for a total of 34 awards of the Air Medal (correctly known as the Air Medal with Numeral “34”).

8. The applicant’s DD Form 214 with an effective date of 30 January 1970 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 with an effective date of 30 January 1970 to show these awards.

9. The applicant’s unit was cited for the Presidential Unit Citation, the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 30 January 1970 to show these unit awards.

10. 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 Air Medal with Numeral “34”, the Vietnam Service Medal with four bronze service stars, the Presidential Unit Citation, the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation on his DD Form 214 with an effective date of 30 January 1970.




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

BOARD VOTE:

JLP____ MHM____ JEA_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Jennifer L. Prater______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002074551
SUFFIX
RECON
DATE BOARDED	20021008
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.