PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 March 2003
         DOCKET NUMBER: AR2002080886


         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
Mr. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. William D. Powers		Member
Ms. Linda M. Barker		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, that he be awarded the Purple Heart (PH) and the Air Medal (AM).

3. The applicant states, in effect, that his separation document (DD Form 214) does not include the PH and AM in the list of awards he earned during his tenure on active duty.

4. The applicant’s military records show that that he entered the Army on
11 December 1963, and that he was trained and served in military occupational specialty (MOS) 67M (Helicopter Mechanic).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) from 13 May 1964 to 16 March 1967. It also shows that while serving in the RVN, he was assigned to Troop D,
3^rd Squadron, 4^th Cavalry Regiment, and that he performed duties in MOS 67M as a crew chief. Block 40 (Wounds) contains an entry showing that while serving in the RVN, he was wounded in action and received abrasions to the nose.

6. The DA Form 20 also shows that during his active duty tenure, the applicant earned the following awards: National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); RVN Campaign Medal (RVNCM) with 60 Device; and Aircraft Crewman Badge.

7. The applicant’s MPRJ also contains a copy of General Orders Number 377, dated 1 February 1967, issued by Headquarters, 25^th Infantry Division, RVN. These orders awarded the applicant the AM for his meritorious achievement while participating in aerial flight while serving in the RVN. In addition, the record is void of any derogatory information or of a disqualification by any of his active duty unit commanders that would disqualify him from receiving the Army Good Conduct Medal (AGCM).

8. On 8 December 1967, he was honorably released from active duty (REFRAD), by reason of expiration term of service, in the rank of specialist five/E-5. The DD Form 214 issued to him on this date includes the NDSM, VSM, RVNCM with 60 Device, and Aircraft Crewman Badge in the list of awards contained in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized). The PH and AM are not included in this list of authorized awards.

9. In the processing of this case, a member of the Board staff researched the Republic of Vietnam Casualty List. This search revealed that the applicant’s name is included in this casualty list and the entry confirms that he was wounded in action in the RVN on 26 July 1966.
10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains guidance on awarding the PH. It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation. In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.

11. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN.

12. Table B-1 of the awards regulation lists all campaigns and confirms that during the applicant’s assignment tenure in the RVN, campaign credit was authorized for the following four campaigns: Vietnam Advisory Campaign; Vietnam Defense Campaign; Vietnam Counteroffensive; and Vietnam Counteroffensive Phase II.

13. Chapter 4 provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years and while there is no automatic entitlement to the AGCM, disqualification must be justified.

14. Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units from 8 February 1962 to 28 March 1973.

CONCLUSIONS:

1. The Board notes the applicant’s contention that his military record should be corrected to show he earned the PH and the AM, and it finds this claim has merit.

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2. By regulation, in order to receive a PH a member must have been wounded in action, treated for the wound by military medical personnel, and this treatment must have been made a matter of official record. The Board finds that the evidence of record, which includes a DA Form 20 entry in Block 40 and the applicant’s name recorded in the Vietnam Casualty List, more than satisfies the regulatory burden of proof necessary to support award of the PH. Therefore, the Board concludes that it would be appropriate to provide the applicant this award at this time.

3. The evidence of record also confirms that the applicant was awarded the AM for his meritorious achievement while participating in aerial flight between
20 June 1966 and 23 December 1966, while he was assigned to D Troop,
3^rd Squadron, 4^th Cavalry Regiment, RVN. This award was authorized in General Orders Number 377, dated 1 February 1967, issued by Headquarters,
25^th Infantry Division, RVN. Therefore, the Board concludes it would also be appropriate to add this award to the applicant’s separation document at this time.

4. In addition, lacking any derogatory information on file or a specific disqualifying action from any of his active duty unit commanders, the Board finds that the applicant served a qualifying period of honorable service that entitles him to receive the AGCM. Further, it concludes that his service in the RVN entitles him to 4 bronze service stars with his Vietnam Service Medal and to the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Thus, these awards should also be added to his record at this time.

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

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RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by awarding him the Purple Heart for being wounded in action on 26 July 1966, while serving RVN; awarding him the
Army Good Conduct Medal for his three year period of honorable active military service from 11 December 1963 to 10 December 1967; showing that he earned the Air Medal; showing he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal with 4 bronze service stars based on his RVN service; and providing him a corrected separation document that reflects these corrections.

BOARD VOTE:

__RJW__ __WDP _ __LMB___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Raymond J. Wagner_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080886
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/03/04
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0018
3.
4.
5.
6.