PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 April 2003
         DOCKET NUMBER: AR2002080844


         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. Melvin H. Meyer		Chairperson
Mr. Curtis L. Greenway		Member
Ms. Mae M. Bullock		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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart, the second through seventh award of the Air Medal, the Presidential Unit Citation for his assignment with the 116th Assault Company, the Vietnam Service Medal with "Device", the "Aviation Wings" [correctly known as the Aircraft Crew Member Badge], and the Expert Marksmanship Qualification Badge with M-60 Machine Gun Bar.

3. The applicant states that these medals are omitted from his DD Form 214. In support of his application, he submitted an award certificate for the second through sixth awards of the Air Medal.

4. The applicant’s military records show that he enlisted in the Regular Army on 24 July 1968. He completed training as a power generator equipment operator and was honorably discharged on 20 September 1969. He reenlisted on the following day and completed training as a door gunner in military occupational specialty 67A. The applicant served in Vietnam from 22 March 1969 through 29 May 1970 and was retired on 22 October 1970 by reason of physical disability.

5. The applicant's service personnel records contain two DD Forms 214.

6. His DD Form 214, which covers his first enlistment, shows entitlement to the National Defense Service Medal and the Vietnam Service Medal.

7. His DD Form 214, which covers his second enlistment, shows the Air Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with "V" Device (1960), the Expert Marksmanship Qualification Badge with M-14 Rifle Bar and the Expert Marksmanship Qualification Badge with M-16 Rifle Bar as authorized awards.

8. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. His DA Form 20 (Enlisted Qualification Record) 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.

9. The applicant's records contain a DA Form 2173 (Statement of Medical Examination and Duty Status), dated 26 May 1970. The hospital Registrar indicated in Block 15 (Details of Accident or History of Disease) of this document that the applicant was accidentally shot by a mini gun while cleaning it.

10. The applicant's Medical Board Proceedings dated 1 September 1970, indicate that the applicant sustained a gunshot wound to his right thigh when his gun accidentally discharged on 18 May 1970 in the Republic of Vietnam.

11. The applicant's personnel records contain Headquarters, 1st Aviation Brigade General Orders Number 5520, dated 29 October 1969, which awarded him the basic Air Medal for the period 28 September 1969 to 10 October 1969.

12. Headquarters, 1st Aviation Brigade General Orders Number 1976, dated 31 March 1970, awarded the applicant the second through sixth award of the Air Medal for the period 19 October 1969 to 1 January 1970. There is no evidence available to the Board which shows he was awarded a seventh award of the Air Medal.

13. The applicant's DA Form 20 shows he was assigned to the 116th Aviation Company from 23 September 1969 to 29 April 1970.

14. 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 the 116th Aviation Company was cited for award of the Presidential Unit Citation for actions from 24 to 26 April 1969 based on Headquarters Department of the Army General Orders (DAGO) Number 21, dated 1978, amended by DAGO 14-73.

15. There is no evidence of record which shows the 116th Aviation Company was cited for award of the Presidential Unit Citation during the time the applicant was assigned to this unit.

16. The applicant's DD Form 214, with an effective date of 22 October 1970, shows entitlement to award of the Vietnam Service Medal. There is no evidence of record which shows the applicant was awarded the Vietnam Service Medal with a "Device."

17. Appendix B of Army Regulation 600-8-22 (Military Awards) shows the applicant was entitled to credit for participation in the Tet 69 Counteroffensive, 1969 Campaign, the Vietnam Summer-Fall 1969 Campaign, the Vietnam Winter-Spring 1970 Campaign and the DA Sanctuary Counteroffensive Campaign during his assignment in Vietnam.

18. The applicant's personnel records contain Headquarters, 1st Aviation Brigade Special Orders Number 33, dated 2 February 1970, which authorized him flying status as a nonaviator crewmember gunner effective 23 December 1969 while assigned to the 116th Assault Helicopter Company. His DA Form 20 shows he was awarded primary military occupational specialty 67A (door gunner) effective 21 April 1970.
19. The applicant's DA Form 20 shows he was authorized the Expert Marksmanship Qualification Badge for qualification with the M-16 Rifle and the M-14 Rifle. There is no evidence of record which shows the applicant qualified as Expert with the M-60 Machine Gun.

20. The Board noted that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his discharge documents.

21. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 554th Engineer Battalion, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 5, dated 1973. While the applicant was still assigned to the 554th Engineer Battalion, the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 8, dated 1974.

22. 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.

23. 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.

24. 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.

25. Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal AIT in career management field 67 MOS’s.
26. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

27. 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.

CONCLUSIONS:

1. There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.

2. The Board noted the Medical Board Proceedings in the applicant's personnel records. However, this document shows the applicant sustained a gunshot wound to his right thigh when his gun accidentally discharged.

3. There is no medical record of wounds sustained as a result of hostile action. 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, there is insufficient evidence upon which to base award of the Purple Heart in this case.

4. The applicant's DD Form 214 shows the basic Air Medal as an authorized award.

5. Orders show the applicant was awarded the second through sixth award of the Air Medal for the period 19 October 1969 to 1 January 1970. There is no evidence of record which shows the applicant was awarded a seventh award of the Air Medal. Therefore, he is entitled to a total of six awards of the Air Medal and correction of his records to show the Air Medal with Numeral "6."

6. The Board considered the applicant's request for award of the Presidential Unit Citation for his assignment with the 116th Assault Company.

7. Records show the applicant was assigned to the 116th Assault Company from 23 September 1969 to 29 April 1970. However, there is no evidence of record which shows that the 116th Assault Company was cited for award of the Presidential Unit Citation during this period. Therefore, there is no basis for awarding the applicant the Presidential Unit Citation.

8. The applicant's discharge documents show entitlement to award of the Vietnam Service Medal. However, evidence of record shows he received credit for participation in four campaigns during the Vietnam War. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of records to show these awards.

9. The evidence of record shows the applicant completed the required training and was awarded MOS 67A (door gunner) and served as a nonaviator crewmember gunner in Vietnam. Therefore, he is entitled to award of the Aircraft Crew Member Badge and correction of his records to show this badge.

10. The Board also considered the applicant's request for award of the Expert Marksmanship Qualification Badge with M-60 Machine Gun Bar.

11. There is no evidence of record available to the Board which shows the applicant qualified as Expert with the M-60 Machine Gun. Therefore, there is no basis for correcting his records to show this badge.

12. While the applicant was assigned to the 554th Engineer Battalion, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his records will be amended to show these foreign unit awards.

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 by showing the individual concerned was awarded the Air Medal with Numeral "6", the Vietnam Service Medal with four bronze service stars, the Aircraft Crew Member Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.






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

BOARD VOTE:

MHM____ CLG____ MMB____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Melvin H. Meyer_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080844
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030422
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.