PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 March 2003
         DOCKET NUMBER: AR2002080050


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Thomas A. Pagan		Chairperson
Mr. Roger W. Able		Member
Mr. John A. Kelley		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 records to show award of the Purple Heart.

3. The applicant states that his records are in error because he never was authorized or received the Purple Heart for a gunshot wound to his left leg and for shrapnel injuries to his right eye and face. He claims that he received these injuries while a door gunner of a helicopter in the Republic of Vietnam. In support of his application, he submitted a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a Standard Form 600 (Chronological Record of Medical Care), a DA Form 1051 (Record of Injury), and his Department of Veterans Affairs (DVA) Rating Decision, dated 31 May 2002.

4. The applicant’s military records show that he was inducted in the Army on 30 August 1965. He successfully completed basic and advanced individual training and was awarded military occupational specialty 11B (light weapons infantryman). He also completed basic airborne training and served in Vietnam from 9 December 1965 through 13 December 1966 as a door gunner. The applicant was honorably released from active duty on 28 April 1967.

5. The applicant's DD Form 214, which was authenticated in his own hand at the time of his separation from the Service, does not show the Purple Heart as an authorized award.

6. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. His DA Form 20 (Enlisted Qualification Record), which he authenticated, does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations). The applicant's name is not listed on the Vietnam Casualty Roster.

7. The applicant’s service personnel records contain a Report of Medical History and a Report of Medical Examination prepared on 30 March 1967 just prior to his separation from the Army. Neither of these documents make reference to wounds sustained in combat or show wounds or injuries consistent with those received as a result of hostile action.

8. The applicant provided a copy of a Record of Injury which shows he sustained an injury on 8 December 1966 in Cu Chi, Vietnam. This document is signed by a Private First Class not a Medical Officer. This document indicates that the injury was caused by a rocket explosion on a "firing pass" and that the applicant was a door gunner at the time of the injury. The DA Form 1051 stated that there were small burns around the applicant's right eye and that small particles were removed from the applicant's right eye.

9. The applicant also provided a copy of a 31 May 2002 DVA Rating Decision which shows he received service connection for residuals for gunshot wound to his left calf with "0" percent disability rating. The applicant was also granted service connection for shrapnel injuries to his right arm and back with an evaluation of "0" percent disability rating. The DVA Rating Decision stated that the applicant's service medical records from March 5, 1965 through March 30, 1967 were negative for complaints, treatments or findings of the condition claimed.

10. The Board noted that the applicant is entitled to award of the Air Medal with Numeral "21", the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award and the Meritorious Unit Commendation which are not shown on his DD Form 214.

11. The applicant's DD Form 214 shows the Air Medal with Silver Oak Leaf Cluster (currently known as the Air Medal with Numeral "6") as an authorized award.

12. There are no orders available to the Board which show the applicant was awarded the Air Medal (Sixth through Tenth Oak Leaf Cluster).

13. The applicant's personnel records contain Headquarters 1st Aviation Brigade General Orders Number 132, dated 11 January 1967, which awarded him the Air Medal (Eleventh through Fifteenth Oak Leaf Cluster) for meritorious achievement while participating in aerial flight from 25 June 1966 to 8 July 1966.

14. Headquarters 1st Aviation Brigade General Orders Number 164, dated 12 January 1967, awarded the applicant the Air Medal (Sixteenth Oak Leaf Cluster) for meritorious achievement while participating in aerial flight from 16 August 1966 to 25 August 1966.

15. Headquarters 1st Aviation Brigade General Orders Number 171, dated 13 January 1967, awarded the applicant the Air Medal (Seventeenth Oak Leaf Cluster) for meritorious achievement while participating in aerial flight from 26 August 1966 to 3 September 1966.

16. Headquarters 1st Aviation Brigade General Orders Number 189, dated 16 January 1967, awarded the applicant the Air Medal (Eighteenth Oak Leaf Cluster) for meritorious achievement while participating in aerial flight from 4 September 1966 to 25 September 1966.

17. Headquarters 1st Aviation Brigade General Orders Number 207, dated 17 January 1967, awarded the applicant the Air Medal (Nineteenth Oak Leaf Cluster) for meritorious achievement while participating in aerial flight from 27 September 1966 to 24 October 1966.
18. Headquarters 1st Aviation Brigade General Orders Number 235, dated 19 January 1967, awarded the applicant the Air Medal (Twentieth Oak Leaf Cluster) for meritorious achievement while participating in aerial flight from 26 October 1966 to 6 November 1966.

19. 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 that, at the time of the applicant's assignment to the 118th Aviation Company, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 22, dated 1968.

20. Department of the Army Pamphlet 672-3 shows that the applicant's unit, the 118th Aviation Company, was also cited for award of the Valorous Unit Award for actions on 19 July 1966 by Department of the Army General Orders Number 17, dated 1968.

21. Department of the Army Pamphlet 672-3 also shows that the applicant's unit was cited for the Meritorious Unit Commendation for actions during the period June 1963 to June 1966 by Department of the Army General Orders Number 17, dated 1968.

22. Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant's service, provided 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 by a medical officer, and the medical treatment must have been made a matter of official record.

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

24. 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.

CONCLUSIONS:

1. The Board considered the applicant's request for issuance of award of the Purple Heart for a gunshot wound to his left leg and for shrapnel injuries to his right eye and face while a door gunner of a helicopter in the Republic of Vietnam.

2. The Board carefully reviewed the DA Form 1051 (Record of Injury) submitted by the applicant in support of his claim for award of the Purple Heart. This document indicates that the applicant sustained an injury to his right eye as a result of a rocket explosion on a "firing pass." However, the DA Form 1051 was not signed by a medical officer and it does not indicate that the applicant was a battle casualty or that his injury was the result of hostile actions or "friendly fire." Therefore, this injury appears to be a result of an accident.

3. The Board also noted the DVA Rating Decision to award service connection for a gunshot wound to the left calf and shrapnel injuries to the applicant's right arm and back. However, the DVA Rating Decision also stated that there were no medical records which showed treatment of wounds.

4. The Board further noted that the applicant signed his DD Form 214 and authenticated his DA Form 20 which attested that he was not wounded and did not receive the Purple Heart.

5. In the absence of any other corroborating evidence of record which shows that the applicant was wounded or injured as a result of hostile action or friendly fire, there is insufficient evidence upon which to base award the Purple Heart in this case.

6. The applicant's DD Form 214 shows the Air Medal with Silver Oak Leaf Cluster (a total of six awards of the Air Medal) as an authorized award.

7. The Board noted that there are no orders which shows the applicant was awarded the seventh through the eleventh award of the Air Medal. However, orders show the applicant was awarded the Air Medal (Eleventh through Twentieth Oak Leaf Cluster) (currently known as the Air Medal with Numeral "12" through Numeral "21").

8. Therefore, the Board determined that the applicant is entitled to a total of twenty-one awards of the Air Medal and correction of his records to show the Air Medal with Numeral "21."

9. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his records will be amended to show this foreign unit award.

10. While the applicant was assigned to the 118th Aviation Company, it was cited for award of the Valorous Unit Award and the Meritorious Unit Commendation. Therefore, he is entitled to correction of his records to show these awards.

11. 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 by showing the individual concerned was awarded the Air Medal with Numeral "21", the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award and the Meritorious Unit Commendation.

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

BOARD VOTE:

TAP_____ RWA___ JAK_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Thomas A. Pagan_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080050
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030313
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0015
2.
3.
4.
5.
6.