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ARMY | BCMR | CY2002 | 2002080860C070215
Original file (2002080860C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 June 2003
         DOCKET NUMBER: AR2002080860


         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. Rosa M. Chandler Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Lana E. McGlynn Member
Mr. William D. Powers 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.


2. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart (PH).

3. The applicant states that he sustained a head injury, burns, and that his knees were injured when a helicopter in which he was a passenger crashed on the flight line. In support of his application, he submits: copies of 2 pages of a Technical Report of US Army Aircraft Accident, dated 20 July 1968; a copy of his 21 July 1968 DD Form 214; a copy of General Orders Number 186, Headquarters, 1st Aviation Brigade, dated 13 January 1969; and a copy of General Orders Number 62, Headquarters, 107th Transportation Brigade, dated 2 July 1968.

4. The applicant’s military records show that he was inducted into the Army of the United States on 28 July 1966 and trained in military occupational specialty (MOS) 95B (Military Police). He served in Vietnam from 12 October 1967 through 20 July 1968.

5. The aircraft accident documentation provided by the applicant shows that he received injuries when the helicopter in which he was a passenger struck a parked helicopter while taxiing. The documents indicate that he received a laceration to his forehead and burns to his right shoulder.

6. The applicant was separated with an honorable discharge on 21 July 1968. His DD Form 214 shows that he was awarded the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Vietnam Campaign Medal (VCM), Expert Marksmanship Badge (M-14), and 1 Overseas Service Bar.

7. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

8. AR 600-8-22 provides that the Good Conduct Medal (GCMDL) 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.


9. AR 600-8-22 provides, in pertinent part, that the Air Medal (AM) is awarded in time of war for heroism or 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 is required. Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards. The numeral 2 denotes the second award.

10. AR 600-8-22 authorizes award of a Bronze Service Star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized BSS will be worn on the appropriate service medal. The applicant served in Vietnam during four campaigns: Vietnam Counteroffensive, Phase III; Tet Counteroffensive; Vietnam Counteroffensive, Phase IV; and Vietnam Counteroffensive, Phase V;

11. 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 Meritorious Unit Commendation (MUC) for the period
1 July 1967-31 July 1968 by Department of the Army General Order (DAGO) Number 36, dated 1970 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge for the period from 27 March 1967-17 May 1968 by DAGO Number 21, dated 1969. The applicant was separated prior to the unit receiving these awards, therefore, they are not shown on his DD Form 214.

CONCLUSIONS:

1. The applicant was injured as the result of an aircraft accident. There is no indication that he was ever wounded as a result of hostile action. Without such proof, the Board is unable to verify his entitlement to the PH.

2. The applicant served his country with exemplary conduct, efficiency and fidelity. He received orders awarding him the GCMDL and is entitled to have that award reflected on his DD Form 214.

3. The applicant has orders awarding him his fourth AM. He is entitled to have his DD Form 214 reflect this award with Numeral 4.

4. The units to which the applicant was assigned in Vietnam earned the Meritorious Unit Commendation (MUC) for the period 1 July 1967-31 July 1968 by Department of the Army General Order (DAGO) Number 36, dated 1970 and


the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge for the period from 27 March 1967-17 May 1968 by DAGO Number 21, dated 1969. His DD Form 214 should reflect these awards.

5. The applicant served in Vietnam during three campaigns and is entitled to 4 BSS to be worn on his VSM. This should be reflected on his DD Form 214.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) showing award of the AM with Numeral 4, the GCMDL, the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and 4 BSS for his VSM.

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

BOARD VOTE:

__jns___ __lem___ __wdp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           John N. Slone
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2002080860
SUFFIX
RECON
DATE BOARDED 20030619
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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