PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 May 2003
         DOCKET NUMBER: AR2002080344


         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. Samuel A. Crumpler		Chairperson
Mr. Mark D. Manning		Member
Mr. Robert Duecaster		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 (Report of Transfer or Discharge) to show award of the Air Medal with Numeral "15" and with "V" Device, the Army Commendation Medal with "V" Device, and a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).

3. The applicant states, in effect, that his service personnel records show that he received 15 awards of the Air Medal, one of which is for valor. He contends that he received the Army Commendation Medal with "V" Device and that he was wounded a second time on 2 April 1967 in Vietnam which required medical attention. In support of his application, he submits a letter from the Disabled American Veterans, dated 18 September 2002, on his behalf; orders for the Air Medal with "V" Device (Eighth Oak Leaf Cluster); orders for the Army Commendation Medal with "V" Device; a health record, dated 2 April 1967; page four his DA Form 20 (Enlisted Qualification Record); and a copy of his DD Form 214.

4. The applicant’s military records show that he was inducted on 16 November 1965. He served as a helicopter mechanic and crew chief in Vietnam from
29 May 1966 through 24 May 1967 and was honorably released from active duty on 20 November 1967.

5. The applicant's DD Form 214, which was authenticated in his own hand, does not show the Air Medal with Numeral "15" and with "V" Device, the Army Commendation Medal with "V" Device or the Purple Heart with First Oak Leaf Cluster as authorized awards.

6. The applicant's DD Form 214 does show 15 awards of the Air Medal, the Army Commendation Medal and one award of the Purple Heart as authorized awards.

7. The applicant's service personnel records contain general orders for
15 awards of the Air Medal. The applicant's eighth award of the Air Medal, 1st Aviation Brigade General Orders Number 2077, dated 29 May 1967, is for heroism on 15 February 1967 in Vietnam.

8. 1st Aviation Brigade General Orders Number 1824, dated 20 December 1966, show the applicant was awarded the Army Commendation Medal with "V" Device for heroism on 4 September 1966 in Vietnam.

9. There are no orders for the Purple Heart in the applicant's service personnel records. However, his records contain USARV Form 130-R (U.S. Army Casualty Report Format), dated 27 December 1966, which shows the applicant sustained a shrapnel wound to his right upper arm on 27 December 1966 when his helicopter was hit by automatic weapons fire during a combat assault mission in Vietnam.

10. Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he was wounded on 27 December 1966 and sustained a shrapnel wound to his right upper arm.

11. The Vietnam Casualty Roster shows the applicant was wounded in action on 27 December 1966 and on 2 March 1967.

12. In support of his claim for an additional award of the Purple Heart, the applicant provided a health record, dated 2 April 1967. This medical record shows the entry, "Abrasions running during mortar attack. On leg & arm. Cleaned & bandage".

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

14. 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 22, dated 1968. This award is not shown on his DD Form 214.

15. The Board notes that the applicant is eligible for two awards of the Overseas Service Bar for his service in Vietnam which are not shown on his DD Form 214.

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

17. The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

18. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

19. 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.

20. Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

CONCLUSIONS:

1. The applicant's DD Form 214 shows 15 awards of the Air Medal in item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). However, evidence of record shows the applicant received 15 awards of the Air Medal, one of which is for valor. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show the Air Medal with Numeral "15" and with "V" Device.

2. The applicant's DD Form 214 shows the Army Commendation Medal as an authorized award. However, evidence of record shows the applicant received the Army Commendation Medal with "V" Device. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show the Army Commendation Medal with "V" Device.

3. The Vietnam Casualty Roster and the applicant's service personnel records show that he was wounded as a result of hostile action on 27 December 1966 in Vietnam. The applicant's DD Form 214 shows one award of the Purple Heart as an authorized award.

4. However, the Vietnam Casualty Roster also shows that the applicant was wounded in action on 2 March 1967.

5. Also, medical evidence of record shows the applicant sustained abrasions to his leg and arm on 2 April 1967 during a mortar attack. Based on the foregoing, the Board determined that there is sufficient evidence on which to base two additional awards of the Purple Heart in this case. Therefore, the applicant's DD Form 214 should be corrected to show three awards of the Purple Heart (correctly known as the Purple Heart with Second Oak Leaf Cluster).
6. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two 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 two bronze service stars and correction of his DD Form 214 to show these awards.

7. The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant's DD Form 214 should be corrected to show this unit citation.

8. Based on the applicant's service in Vietnam from 29 May 1966 through
24 May 1967, he is entitled to two Overseas Service Bars and correction of his DD Form 214.

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

RECOMMENDATION:

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 "15" and with "V" Device, the Army Commendation Medal with "V" Device, the Purple Heart with Second Oak Leaf Cluster, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two Overseas Service Bars.

BOARD VOTE:

SAC___ MDM____ RD______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Samuel A. Crumpler____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080344
SUFFIX
RECON
DATE BOARDED	20030508
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.