PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 August 2003
         DOCKET NUMBER: AR2003086884


         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. Raymond V. O'Connor		Chairperson
Mr. James E. Anderholm		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 award of the Purple Heart.

3. The applicant states, in effect, that he suffered burns to his right hand during a firefight in Vietnam in 1969. He contends that he burned his hand when his machine gun jammed and he removed the barrel with his right hand. He also contends that he received medical treatment for his burns from the medics at the infirmary. In support of his application, he submits a letter of explanation, dated 13 February 2003; three photographs of a soldier with a bandage on his right hand; and a copy of his DD Form 214 (Report of Transfer or Discharge).

4. The applicant’s military records show that he enlisted on 20 February 1967 for a period of 3 years. He served as a crew chief (military occupational specialty (MOS) 67N) and as a helicopter inspector assigned to Troop D, 2nd Squadron of the 1st Cavalry in Vietnam from 17 November 1968 through 1 November 1969. On 29 November 1969, the applicant was released from active duty.

5. The applicant's DD Form 214 shows the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the first award of the Good Conduct Medal, the basic award of the Air Medal and two Overseas Service Bars as authorized awards.

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.

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

8. Evidence of record shows that on 5 November 1969 the applicant underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action.

9. The applicant's military records show that he participated in four campaigns during his assignment in Vietnam.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 52, dated 1971.

11. Department of the Army Pamphlet 672-3 also shows the applicant's unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.
12. Army Regulation 600-8-22 (Military Awards) 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.

13. 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.

14. The Army Regulation governing military awards at the time in question provided for temporary and permanent award of the Aircraft Crew Member Badge. The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge. To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status as a crew chief in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors. The regulation also required individuals to be qualified based on a Class III physical examination, and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector. These personnel are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crew Member Badge once they have fulfilled the regulatory requirements for permanent award of the badge.

15. 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 military occupational specialties.

CONCLUSIONS:

1. The Board considered the applicant's contention that he suffered burns to his right hand during a firefight in Vietnam in 1969. The Board also reviewed the photographs provided in support of the applicant's claim. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

2. 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.

3. The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, his DD Form 214 should be corrected to show these unit citations.

4. The applicant served in MOS 67N (crew chief) during his assignment in Vietnam. Therefore, the Board determined that there is sufficient evidence on which to award the Aircraft Crew Member Badge in this case.

5. 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 applicant was awarded the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Aircraft Crew Member Badge.

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

BOARD VOTE:

RVO____ JEA____ LMB_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O'Connor
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086884
SUFFIX
RECON
DATE BOARDED	20030814
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.