PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 February 2003
         DOCKET NUMBER: AR2002079028


         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:

Mr. Raymond V. O'Connor		Chairperson
Ms. Gail J. Wire		Member
Mr. Robert J. Osborn		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 Separation from Active Duty) to show award of the Purple Heart.

3. The applicant states that he received a fragment from a bullet in his hand while under combat fire. He also contends that he received a laceration on his head. In support of his application, he submits two Standard Forms 519-207 (Radiographic Report), dated 14 May 1972 and 2 June 1972; a Medical Restriction from Flight Duty, dated 6 May 1972; and a Termination of Medical Restriction from Flight Duty, dated 9 May 1972.

4. The applicant’s military records show that he enlisted on 17 February 1971 for a period of 3 years. He served as a helicopter repairman in Vietnam from
14 September 1971 through 29 August 1972 and was honorably released from active duty on 29 November 1973.

5. The applicant’s DD Form 214, 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 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.

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

9. In support of his claim for award of the Purple Heart, the applicant provided a Standard Form 519-207 (Radiographic Report), dated 14 May 1972. This report shows the applicant sustained a fragment wound to his right hand from a M-79 grenade launcher [as a result of friendly fire].

10. The applicant’s service personnel records contain a letter from the applicant to the National Personnel Records Center in St. Louis, Missouri, dated 15 May 1992, wherein the applicant states, “WHILE IN VIET NAM I WAS SHOT IN THE RIGHT HAND WHILE PULLING GUARD DUTY.”

11. In support of his claim for award of the Purple Heart, the applicant also provided documentation, dated 6 May 1972, which shows he was recommended for medical restriction from flight duty due to a laceration on his head. Also, the applicant provided documentation which shows his medical restriction was terminated on 9 May 1972. However, there is no evidence that this injury was the result of hostile action.

12. The applicant’s DD Form 214 shows one award of the Air Medal as an authorized award. His records contain 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) General Orders Number 1238, dated 13 April 1972, which show he received the Air Medal for the period 20 February 1972 to 16 March 1972. His records also contain U.S. Army Vietnam/MACV Support Command General Orders Number 1717, dated 29 July 1972, which show he received a second award of the Air Medal for the period March 1972 to May 1972.

13. 3rd Brigade (Separate), 1st Cavalry Division Special Orders Number 173, dated 21 June 1972, show the applicant received a permanent award of the Aircraft Crewman Badge. This award is not shown on his DD Form 214.

14. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he participated in three campaigns during his assignment in Vietnam.

15. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

16. 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 43, dated 1970. This award is not shown on his DD Form 214.

17. The Board notes that the applicant served a period of qualifying service for award of the Vietnam Campaign Medal. This award is not shown on his DD Form 214.

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, for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

20. Army Regulation 600-8-22 provides, in pertinent part, 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.

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.

22. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

23. Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he received a fragment from a bullet in his hand while under combat fire. However, the evidence of record does not support this contention.

2. The Standard Form 519-207 (Radiographic Report), dated 14 May 1972, provided by the applicant shows he sustained a fragment wound to his right hand from a M-79 grenade launcher [as a result of friendly fire].

3. By the applicant’s own admission, he states in a letter that, “WHILE IN VIET NAM I WAS SHOT IN THE RIGHT HAND WHILE PULLING GUARD DUTY”, not while in combat. Since his wound was not sustained in the “heat of battle” by a projectile released to destroy the enemy, it does not qualify for award of the Purple Heart.

4. The Board also considered the applicant’s contention that he received a laceration on his head and that this injury was the reason for his medical restriction from flight duty from 6 May 1972 to 9 May 1972. However, there is no evidence that this injury was the result of hostile action.

5. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that the applicant was wounded as a result of hostile action or was wounded as a result of friendly fire while directly engaged in armed conflict.

6. Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

7. The applicant’s DD Form 214 shows one award of the Air Medal. However, evidence of record shows the applicant received two awards of the Air Medal. Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Air Medal with Numeral “2”.

8. The applicant received the Aircraft Crewman Badge; therefore, he is entitled to correction of his DD Form 214 to show this badge.

9. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three 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 three bronze service stars and correction of his DD Form 214 to show these awards.

10. The applicant is entitled to the first award of the Good Conduct Medal for the period 17 February 1971 through 29 November 1973 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, his records should be corrected to show this medal.

11. The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction to his DD Form 214 to show this unit citation.

12. The applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal from 17 February 1971 through 29 November 1973. Therefore, the applicant is entitled to correction of his DD Form 214 to show this medal.

13. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

         a. by deleting the entries, “AIR MEDAL” and “VIETNAM SERVICE MEDAL” in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and

         b. by adding the entries, “Air Medal with Numeral “2”, “Aircraft Crewman Badge”, “Vietnam Service Medal with three bronze service stars”, “Good Conduct Medal”, “Republic of Vietnam Gallantry Cross with Palm Unit Citation” and “Republic of Vietnam Campaign Medal” in item 26 on his DD Form 214.

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

BOARD VOTE:

RVO___ GJW____ RJO_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O'Connor_
                  CHAIRPERSON

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INDEX

CASE ID	AR2002079028
SUFFIX
RECON
DATE BOARDED	20030213
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.