PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 May 2003
         DOCKET NUMBER: AR2003085584


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Thomas B. Redern, III		Chairperson
Ms. Linda D. Simmons		Member
Mr. John T. Meixell		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 and the Air Medal.

3. The applicant states, in effect, although the injury he received as a result of hostile fire and his pilot time is documented, his records do not reflect the fact that he received these decorations. He adds that when he was in the Army, he had very little interest in awards and decorations since he had no intention of making the military his career. He was only concerned with doing the job he was assigned the best he could. Since he is nearing retirement age, and the Purple Heart has a bearing on his veteran's benefits, he wants only those he is entitled to.

4. The applicant submitted a copy of a casualty feeder form; a DA Form 759, Individual Flight Record and Flight Certificate – Army, dated "2 Feb – 19 April 1971"; copy of his DA Form 66, Officer Qualification Record; and a copy of his DD Form 214, Report of Transfer or Discharge, in support of his application.

5. The applicant’s military records show that he enlisted in the Army on
14 January 1966. While undergoing basic combat training, he applied for an appointment as a commissioned officer. After completing all required enlisted training, he was assigned to the US Army Armor School to undergo training as an officer candidate. He completed that course and was commissioned a Second Lieutenant in the Armor Branch on 24 February 1967.

6. The applicant was awarded the Good Conduct Medal for the period
14 January 1966 through 23 February 1967 as verified by an entry in Item 21(Awards and Decorations) of his DA Form 66.

7. He was assigned to and performed duty in the Republic of Korea from 4 April 1967 until 1 May 1968 when he returned to Fort Knox. While at that station, he volunteered for Army flight training. He successfully completed all phases of instruction at Fort Wolters, Texas, and Fort Rucker, Alabama, and on 3 June 1969, received the rating of Army Aviator and was awarded the Army Aviator Badge.

8. The applicant returned to Fort Knox, and was reassigned to Fort Bragg, North Carolina, on 25 June 1969. On 30 June 1970 he was ordered to the Republic of Vietnam. He arrived in Vietnam on 8 August 1970 and was assigned to D Company, 227th Aviation Battalion (Attack Helicopter)(Airmobile), 1st Cavalry Division (Airmobile), on 29 August 1970. He remained with that unit until
11 March 1971 when he was returned to the United States.

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9. On his return from Vietnam, the applicant was assigned to Fort McCoy, Wisconsin, and was honorably released from active duty in the rank and pay grade of Captain, O-3, on 19 April 1972, and was transferred to the US Army Reserve Control Group (Standby). On his release from active duty, he had a total of 6 years, 3 months and 6 days active Federal service of which 1 year,
1 month, and 10 days was enlisted service. The applicant's DD Form 214 shows that he was awarded the following: "Army Aviator Badge, Vietnam Service Medal, Vietnam Campaign Medal, Armed Forces Expeditionary Service Medal (Korea), Bronze Star Medal, and 1 Overseas Service Bar."

10. The applicant's name does not appear on the Vietnam Casualty List.

11. Item 10 (Assignment Limitations), of the applicant's DA Form 66 (Officer Qualification Record), is blank. There is no entry in Item 21 (Awards and Decorations), of the DA Form 66, showing that the applicant was awarded the Purple Heart. There are no orders in the applicant's military personnel records awarding him the Purple Heart.

12. The copy of the unnumbered casualty feeder form the applicant submitted bears the signature of a medical officer. The information on the form reports that the applicant was wounded by shrapnel in the posterior part of his right knee while flying on "a sniffer mission" at 1000 hours, on 13 January 1971. The applicant was treated and returned to duty.

13. The applicant's flight records, maintained during his Vietnam tour of duty, were in his service personnel records. In addition to these forms, a copy of a recommendation for award of the Basic Air Medal and the 2nd through 10th award of the Air Medal was also found; however, the recommendation covered only the period from 16 August 1970 through 25 January 1971. The additional hours flown by the individual in combat were calculated to determine the number of Air Medals that should have been awarded at his tour's end. The total number of documented combat hours flown amounted to 407.

14. While in the Republic of Vietnam, the applicant participated in one campaign: the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971.

15. On 15 April 1967, the applicant qualified expert with the .45 Caliber Pistol. He was awarded the Expert Marksmanship Qualification Badge with Pistol Bar in Special Orders Number 110, paragraph 52, published by Headquarters, 2nd Infantry Division, dated 20 April 1967.

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16. On 23 July 1971, the applicant qualified expert with the M-16 automatic rifle and the .38 Caliber Pistol. He was awarded the Expert Marksmanship Qualification Badge with Automatic Rifle and Pistol Bar in Special Orders Number 126, paragraph 3, published by Headquarters, Camp McCoy, Sparta, Wisconsin, dated 25 August 1971.

17. Army Regulation 600-8-22 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.

18. The above regulation 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: (a) the wound was the result of hostile action; (b) the wound required medical treatment; and (c) the medical treatment was made a matter of official record.

19. The same regulation provides, in pertinent part, that the Air Medal (AM) 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 is required.

20. The regulation also 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. Discharge from enlisted status for immediate entry on active duty in an officer status is considered termination of service for awarding the Good Conduct Medal.

21. The National Defense Service Medal is awarded, in accordance with Army Regulation 600-8-22, for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and
2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

22. Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of the regulation

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and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal. This same regulation also specifies that a silver service star will be awarded in lieu of five bronze service stars.

23. U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal (AM). It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award.

24. 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 that the unit the applicant served with,
D Company, 227th Aviation Battalion (Attack Helicopter)(Airmobile), 1st Cavalry Division (Airmobile), was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 21 February 1970 through 28 February 1971 by Department of the Army General Orders Number 42, dated 1972. The applicant's DD Form 214 does not show this award as an authorized award. This unit award was made after he had been released from active duty.

CONCLUSIONS:

1. To be awarded the Purple Heart, the applicant would have to show that he was wounded and that: (a) the wound was the result of hostile action; (b) the wound required medical treatment; and (c) the medical treatment was made a matter of official record. The evidence of record supports the applicant's contentions that he is eligible for award of the Purple Heart for wounds sustained in Vietnam on 13 January 1971 in action against a hostile enemy. The applicant is therefore entitled to award of the Purple Heart and to have it shown on his DD Form 214.

2. The applicant was recommended for award of the Basic Air Medal for the period 16 August 1970 through 25 September 1970 and for the 2nd through 10th award of the Air Medal for the period 25 September 1970 through 25 January 1971. The evidence suggests that the recommendation was not correctly processed administratively. By the end of his tour, the applicant had logged a total of 407 combat hours. He is therefore eligible for award of the Basic Air Medal and the 2nd through 16th award of the Air Medal. It would therefore be in the interest of equity to award the applicant the Basic Air Medal and the 2nd through the 16th awards of the Air Medal at this time and to add these awards to his DD Form 214.

3. The applicant's DA Form 66, Item 21, has an entry to reflect that he was awarded the Good Conduct Medal by General Orders 8, Headquarters, US Army Armor School. This award is not shown on his DD Form 214. It would be appropriate to add this award to other awards already shown on the applicant's DD Form 214.

4. The applicant is entitled to award of the National Defense Service Medal for his honorable active service from 24 February 1967 through 19 April 1972; therefore, he is entitled to correction of his record to show this award.

5. The applicant was present and participated in 1 campaign during his tenure in the Republic of Vietnam; therefore, he is entitled to award of 1 bronze service star to be affixed to his already awarded Vietnam Service Medal and to have it correctly shown on his separation document.

6. The applicant served with, D Company, 227th Aviation Battalion (Attack Helicopter) Airmobile), 1st Cavalry Division (Airmobile), during the period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The applicant's DD Form 214 does not show this award as an authorized award because it was awarded after he had departed from the unit. It would be appropriate to add this unit award to his DD Form 214 at this time.

7. The applicant was awarded the Expert Marksmanship Qualification Badges with Automatic Rifle and Pistol Bars (.38 and .45 Caliber Pistols). These badges are not shown on the applicant's DD Form 214. It would be appropriate to add these to his DD Form 214 at this time.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

a. deleting the Vietnam Service Medal from Block 24 of the applicant's DD Form 214,

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b. awarding the applicant the Purple Heart, the Basic Air Medal, the 2nd through the 16th awards of the Air Medal, the National Defense Service Medal, Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and adding these awards to Block 24 of the applicant's DD Form 214, and

c. adding the already awarded Good Conduct Medal, the Expert Marksmanship Qualification Badge with Automatic Rifle, and the Expert Marksmanship Qualification Badge with Pistol Bar (for qualification with the .38 and .45 Caliber Pistols) to block 24 of the applicant's DD Form 214.


BOARD VOTE:

__tbr___ __lds___ __jtm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Thomas B. Redfern, III
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085584
SUFFIX
RECON
DATE BOARDED	20030501
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0015
3.
4.
5.
6.