PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 June 2003
         DOCKET NUMBER: AR2002082395


         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. Fred N. Eichorn		Chairperson
Mr. Hubert O. Fry		Member
Ms. Marla J. Troup		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 correction of his records to show all the training he completed during the period 27 December 1968 through 26 January 1971. He also requests correction of his records to show the Purple Heart, the Air Medal with Numeral "31", the Vietnam Service Medal with three bronze service stars, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Parachutist Badge, and Expert Marksmanship Qualification Badges for qualification with the M-16 Rifle, the .22 Caliber Pistol, and the .38 Caliber Pistol.

3. The applicant states that he has evidence to show entitlement to all decorations and certifications as listed in his request above, but credit has not been given to him due to error or inadvertence. In support of his application, he submitted two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), an excerpt from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), one page of his DA Form 20 (Enlisted Qualification Record), a Letter of Commendation, a letter from The Adjutant General, U.S. Army Reserve (USAR) Components Personnel and Administration Center, an official statement from The Adjutant General, a DD Form 1380 (Field Medical Card), a DA Form 1577 (Authorization for Issuance of Awards), and an Action Form.

4. The applicant’s military records show that he served as an enlisted solider in the Regular Army from 27 December 1968 to 30 November 1969. He was ordered to active duty as a Reserve warrant officer on 1 December 1969 to accept an appointment as a warrant officer and was discharged from active duty on 26 January 1971. He was transferred back to the USAR and served in this Reserve component until 16 July 1971. The applicant served in the Virginia Army National Guard and the North Carolina Army National Guard from 17 July 1971 to 6 September 1973. He was appointed as a commissioned officer in the North Carolina Army National Guard on 7 September 1973. He was discharged from the North Carolina National Guard on 30 December 1975 and was transferred to the USAR Control Group. The applicant continued to serve in the Reserve component until he retired in November 2001 in the rank of lieutenant colonel.

5. The applicant's personnel records contain two DD Forms 214. His DD Form 214, with an effective date of 30 November 1969, shows he successfully completed the Warrant Officer Rotary Wing Aviation Course (WORWAC) 69-39W Phase 1 and Phase 2 in 1969. His DD Form 214, with an effective date of 26 January 1971, does not show he completed any training courses during this period of service.

6. The applicant's personnel records contain a DA Form 61 (Application for Appointment) which shows he attended the WORWAC 69-39W Phase 1 and Phase 2 from March 1969 to July 1969. This document also shows he attended the WORWAC 69-39W Phase 3 and Phase 4 from August 1969 to December 1969.

7. The applicant's DD Form 214, with an effective date of 26 January 1971, does not show the Purple Heart as an authorized award. There are no orders which show the applicant was awarded the Purple Heart.

8. The applicant provided a copy of a Field Medical Card prepared by a medical officer which shows he sustained lacerations to his left elbow, to his left leg and to the right and left sides of his waist as result of enemy action on 20 June 1970.

9. The applicant's DD Form 214, with an effective date of 26 January 1971, shows entitlement to the basic Air Medal. His records contain Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 18462, dated 17 October 1970, which awarded him the basic Air Medal for meritorious achievement during the period 15 January 1970 to 27 January 1970.

10. The applicant's personnel records contain Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 19696, dated 8 November 1970, which awarded him the second through the thirty-first award of the Air Medal for the period January 1970 through October 1970.

11. The applicant's DD Form 214, with an effective date of 26 January 1971, shows the Vietnam Service Medal as an authorized award. Appendix B of Army Regulation 600-8-22 (Military Awards) lists, in pertinent part, the military campaigns of the Vietnam War. Based on the applicant’s dates of service in Vietnam, Appendix B shows that he participated in three campaigns of the Vietnam War.

12. Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant’s assignment to the 229th Aviation Battalion, the unit was cited for award of the Valorous Unit Award by Department of the Army General Orders Number 43, dated 1972.

13. Department of the Army Pamphlet 672-3 also shows that the 229th Aviation Battalion 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 by Headquarters Department of the Army General Orders Number 42, dated 1972.

14. The applicant's DD Form 214, with an effective date of 26 January 1971, does not show the Parachutist Badge as an authorized award. His records contain Headquarters, U.S. Army Quartermaster Center and Fort Lee, Virginia, dated 2 August 1982. These orders show the applicant was awarded the Parachutist Badge for successful completion of the U.S. Army Airborne Course on 6 August 1982.

15. The applicant's separation documents do not show entitlement to Expert Marksmanship Qualification Badges for qualification with the M-16 Rifle or the .22 and .38 Caliber Pistols. There are no orders in the applicant's records which show he was awarded badges for qualification with these weapons.

16. Item 23 (Qualification in Arms) on the applicant's DA Form 20 shows he qualified as Expert with the M-16 Rifle on 12 September 1969.

17. His DA Form 2-1 (Personnel Qualification Record) shows he qualified as Expert with the .22 Caliber Pistol in June 1982. His DA Form 20 shows he qualified as Expert with the .38 Caliber Pistol on 12 September 1969.

18. Review of the applicant's personnel records revealed that he is entitled to award of the Army Commendation Medal based on Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 21855, dated 19 December 1970, for meritorious achievement during the period March 1969 through November 1970.

19. Army Regulation 635-5 (Separation Documents), in effect at the time, established the policies and procedures for completion and distribution of the DD Form 214. In pertinent part, it stated that item 25 (Education and Training Completed) would list service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.

20. 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.

21. 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.

22. 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.

23. 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.

24. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that a DD Form 214 will only be issued for active duty service.

CONCLUSIONS:

1. The Board noted the applicant's request for a new DD Form 214 to show all the training he completed during the period 27 December 1968 through 26 January 1971.

2. The evidence of record shows the applicant completed the WORWAC
69-39W Phase 1 and Phase 2 in July 1969.

3. The evidence of record also shows the applicant completed the WORWAC 69-39W Phase 3 and Phase 4 in December 1969.

4. The Board noted that these courses are properly shown on the applicant's DD Form 214 which covers the period 27 December 1968 through 30 November 1969.

5. The Board also noted that the applicant completed the WORWAC 69-39W Phase 3 and Phase 4 during the period covered by his DD Form 214 with an effective date of 26 January 1971. Therefore, based on the governing regulation, he is entitled to correction of his DD Form 214, with an effective date of 26 January 1971, to show he completed the WORWAC 69-39W Phase 3 and Phase 4 during this period.

6. There are no orders available to the Board which authorize award of the Purple Heart to the applicant.

7. However, the applicant has provided a copy of a DD Form 1380 (U.S. Field Medical Card) which is authenticated by a medical officer and shows the applicant sustained lacerations to his left elbow, his left leg and to the right and left sides of his waist as result of enemy action on 20 June 1970.

8. Upon review of the medical document, the Board has determined that this evidence is sufficient as a basis for award of the Purple Heart. Therefore, the applicant is entitled to correction of his records to show award of the Purple Heart.

9. The applicant's DD Form 214, with an effective date of 26 January 1971, shows entitlement to award of the basic Air Medal.

10. Orders show the applicant was awarded the second through thirty-first award of the Air Medal for the period January 1970 through October 1970. Therefore, the applicant is entitled to correction of his records to show the Air Medal with Numeral "31."

11. The applicant's DD Form 214, with an effective date of 26 January 1971, shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show these awards.

12. While the applicant was assigned to the 229th Aviation Battalion, this unit was cited for award of the Valorous Unit Award. Therefore, his records will be corrected to show the Valorous Unit Award.

13. The Department of the Army Pamphlet 672-3 shows that the applicant's unit in Vietnam 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, he is entitled to correction of his records to show these foreign unit awards.

14. The Board noted the applicant's request that a new DD Form 214 be prepared to show award of the Parachutist Badge.

15. The evidence of record shows the applicant received the Parachutist Badge on 6 August 1982 while serving in the USAR. The governing regulation states that a DD Form 214 will only be issued for active duty service. Therefore, there is no basis for granting the applicant's request.

16. There are no orders available to the Board which show the applicant was awarded Expert Marksmanship Badges for qualification with the M-16 Rife, and the .22 and .38 Caliber Pistols.

17. However, the evidence of record shows the applicant qualified as Expert with the M-16 Rifle and the .38 Caliber Pistol on 12 September 1969. Therefore, the Board has determined that the applicant is entitled to award of the Expert Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Pistol Bar (.38 Caliber) and correction of his DD Form 214, with an effective date of 30 November 1969, to show these badges.

18. The Board noted that the applicant qualified as Expert with the .22 Caliber Pistol while he was a member of the USAR. Therefore, there is no basis for correcting his records to show the Expert Marksmanship Qualification Badge with Pistol Bar for qualification with the .22 Caliber Pistol.

19. The evidence of record shows the applicant was awarded the Army Commendation Medal for meritorious achievement during the period March 1969 through November 1970. Therefore, his DD Form 214, with an effective date of 26 January 1971, will be corrected to show the Army Commendation Medal.

20. 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:

a. by amending the DD Form 214, with an effective date of 26 January 1971, of the individual concerned to show the entry "WORWAC 69-39W Phase 3 and Phase 4, 16 Weeks, 1969";

b. by amending his DD Form 214, with an effective date of 26 January 1971, to show the Purple Heart, the Air Medal with Numeral "31", the Vietnam Service Medal with three bronze service stars, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Army Commendation Medal; and

c. by amending his DD Form 214, with an effective date of 30 November 1969, to show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Pistol Bar (.38 Caliber).

2. That so much of the application as it relates to the Parachutist Badge, the Expert Marksmanship Qualification Badge with Pistol Bar (.22 Caliber) be denied.

BOARD VOTE:

FNE____ HOF_____ MJT____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Fred N. Eichorn_______
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002082395
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030617
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.	100.0000
2.	107.0000
3.
4.
5.
6.