PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 August 2003
         DOCKET NUMBER: AR2002083192


         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. Richard P. Nelson		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Mr. Curtis L. Greenway		Member
Mr. Ronald J. Weaver		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 award of the Purple Heart as a result of a wound sustained during combat operations in the Republic of Vietnam.

3. The applicant states that he was wounded and treated for a minor injury to his left wrist while flying a helicopter gunship in support of ground troops in the Republic of Vietnam, on 31 January 1971. He states that the aircraft was hit by small arms fire, that the bullet penetrated the aircraft, struck him on the left wrist, and that he was treated by the unit Flight Surgeon and released. In support of his request, the applicant has submitted the following:

a. A statement from a fellow member of the applicant’s unit, dated 27 October 2002, describing the events of the applicant’s wounding in January, 1971. The statement indicates that the applicant returned from a fire support mission (combat assault) with wounds to his left wrist. It further states that “Examination of the aircraft, an AH-1G Huey Cobra, revealed damage to the aircraft below the Aircraft Commander’s starboard window. Physical evidence led us to believe that a small caliber rifle (AK47) projectile pierced the skin of the A/C and struck Mr. [Applicant’s] left wrist, while in flight.”

b. A set of three photographs, all taken by the member mentioned in 3a, above and retained by him over the years. According to the individual, the pictures were taken just after the applicant returned from seeing the Flight Surgeon. They show a U.S. Army aviator displaying what appears to be a spent AK47 projectile. The pilot also is displaying the results of a minor injury and appears to be indicating that the injury is a result of the projectile he is holding.

4. The applicant’s military records show that he enlisted in the Army on 18 February 1969. He attended basic training, then Rotary Wing Flight Training, and was appointed as a warrant officer on 23 February 1970. He then completed AH-1G Cobra Attack Helicopter transition prior to being assigned to Southeast Asia. Upon completion of his combat tour in the Republic of Vietnam, he was assigned to Fort Ord, California, where he was released from active duty on 4 January 1972 in the rank of chief warrant officer two.

5. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), authenticated in the applicant’s own hand, shows that he is entitled to the Bronze Star Medal, the Air Medal, the Vietnam Service Medal, the National Defense Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960). There is no entry, or other indication, that the applicant was awarded the Purple Heart.

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6. The applicant’s name is not listed on the Vietnam Casualty Roster.

7. There are no orders in the available records which show that the applicant was awarded the Purple Heart and the applicant has not provided a copy of orders awarding the Purple Heart.

8. There are no medical documents in the available records which show that the applicant was wounded, or treated for wounds, as a result of hostile action.

9. Headquarters, United States Army Vietnam letter, dated 12 April 1972, authorizes the applicant to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star.

10. 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.

11. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart. The regulation stated that authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

12. 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. The appendix shows that the applicant is entitled to wear one bronze service star for each of the following Vietnam campaigns: Sanctuary Counteroffensive and Vietnam Counteroffensive, Phase VII.

13. 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

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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.

14. Army Regulation 600-8-22 provides, in pertinent part, 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 is less than 3 years, but more than 1 year, for service ending on or after 27 June 1950. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

15. U.S. Army Vietnam Regulation Number 672-2 provided for processing of foreign awards and decorations presented to individuals and units. This regulation, in pertinent part, governed award of the Republic of Vietnam Gallantry Cross as a personal decoration. This decoration is awarded to personnel who have conducted themselves with heroic action and have displayed deeds of valor while fighting the enemy. The more gallant and noteworthy the act, the higher the level of the award. This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star and with Bronze Star. Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army Vietnam. As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.

16. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

CONCLUSIONS:

1. The applicant’s DD Form 214 does not show award of the Purple Heart and there are no orders in the applicant’s records which award him the Purple Heart. The applicant’s name does not appear on the Vietnam Casualty Roster. and there is no evidence that he was wounded, or treated for wounds, as a result of hostile action during his service in Vietnam. The Board notes the photographs

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and statement submitted by the applicant. The Board carefully considered the information provided in the third party statement provided by the applicant. However, given the lack of any corroborating evidence of record or other independent sources, the Board finds this statement alone is not sufficient to meet the regulatory burden of proof necessary to support the award of the Purple Heart.

2. Although not requested by the applicant, it would appear that he should have been given the first award of the Good Conduct Medal based on completion of a period of qualifying service of more than one year from 18 February 1969 to 22 February 1970. Therefore, he is entitled to this award.

3. Evidence of record shows that the applicant received the Vietnam Service Medal and participated in two campaigns. However, his DD Form 214 does not reflect the two bronze service stars he is entitled to wear on his Vietnam Service Medal.

4. Evidence of record shows the applicant was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star. His DD Form 214 does not reflect this individual foreign award.

5. General orders show that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm while he was assigned to the unit. However, his DD Form 214 does not reflect this award.

6. Since the applicant is eligible for two overseas service bars, he is entitled to have them added to his DD Form 214.

7. 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 showing that the individual concerned was awarded:

a. the first award of the Good Conduct Medal for the period 18 February 1969 to 22 February 1970;

b. two bronze service stars, to be affixed to his Vietnam Service Medal;

c. the Republic of Vietnam Gallantry Cross with Silver Star;

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d. the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and;

e. two overseas service bars.

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

BOARD VOTE:

___lls___ ___rjw___ ____clg__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Luther L. Santiful______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002083192
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030805
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.
2.
3.
4.
5.
6.