PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 May 2003
         DOCKET NUMBER: AR2002082509


         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. Fred N. Eichorn		Chairperson
Ms. Lana E. McGlynn		Member
Mr. Larry C. Bergquist		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 (Report of Transfer or Discharge) to show award of the Purple Heart and any awards and decorations to which he may be entitled.

3. The applicant did not provide an explanation with his application. In support of his application, he submits a copy of his DD Form 214 and a letter, dated
28 July 1971, from the Veterans Administration (VA).

4. The applicant’s military records show that he enlisted on 23 October 1967 for a period of 3 years. He served as a helicopter repairman in Vietnam from 4 June 1968 through 3 March 1969 and was honorably released from active duty on
15 October 1970.

5. The applicant's DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6. There is no evidence in the applicant's service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

7. The applicant's DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.

8. The applicant's name does not appear on the Vietnam Casualty Roster.

9. Evidence of record shows that on 14 October 1970 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.

10. In support of his claim for award of the Purple Heart, the applicant provided a letter, dated 28 July 1971, from the VA. This letter shows that the applicant's disabilities (scars, burns, right flank, right [illegible] left arm, back and neck, slight hearing loss) were service-connected but they were less than 10 percent disabling and compensation was not payable. The letter also states, in pertinent part, "Your service medical records show you were treated for burns of the face and stomach. At the time of your last examination, there was no indication of any disabilities that might have resulted from these conditions."

11. 1st Aviation Brigade General Orders Number 2044, dated 2 May 1969, show the applicant received the Army Commendation Medal for meritorious service for the period June 1968 to February 1969. This award is not shown on his DD Form 214.


12. The applicant's service personnel records show that he completed advanced individual training (AIT) in military occupational specialty (MOS) 67Y (helicopter repairman). The Board notes that the applicant is eligible for the Aircraft Crew Member Badge which is not shown on his DD Form 214.

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

14. The Board notes that the applicant is eligible for one Overseas Service Bar for his service in Vietnam which is not shown on his DD Form 214.

15. 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 8, dated 1974. This award is not shown on his DD Form 214.

16. Review of the applicant's records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

17. Army Regulation 600-8-22 (Purple Heart) 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.

18. Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal advanced individual training in career management field 67 MOS’s.

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 Board reviewed the VA letter provided by the applicant in support of his claim for award of the Purple Heart. However, there is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds due to hostile action in Vietnam.

2. Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

3. The applicant received the Army Commendation Medal for meritorious service. Therefore, the applicant is entitled to correction of his DD Form 214 to show this medal.

4. Evidence of record shows the applicant completed AIT in MOS 67Y. Therefore, the applicant is entitled to award of the Aircraft Crew Member Badge and correction of his DD Form 214 to show this badge.

5. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four 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 four bronze service stars and correction of his DD Form 214 to show these awards.

6. The applicant is entitled to one Overseas Service Bar for his service in Vietnam. Therefore, the applicant's DD Form 214 should be corrected to show this award.

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 is entitled to correction of his DD Form 214 to show this unit citation.

8. 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 that the individual concerned was awarded the Army Commendation Medal, the Aircraft Crew Member Badge, the Vietnam Service Medal with four bronze service stars, one award of the Overseas Service Bar and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2. That so much of the application as pertains to award of the Purple Heart be denied.

BOARD VOTE:

FNE___ LEM_____ LCB_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Fred N. Eichorn_
                  CHAIRPERSON

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INDEX

CASE ID	AR2002082509
SUFFIX
RECON
DATE BOARDED	20030506
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.