PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 November 2003
         DOCKET NUMBER: AR2003087583


         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. Stanley Kelley		Chairperson
Mr. Raymond J. Wagner		Member
Ms. Mae M. Bullock		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 two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster). He also requests the issuance of 16 awards of the Air Medal.

3. The applicant states that he was not awarded the Purple Heart for two injuries (foot and back) he received while engaged in active combat in Vietnam. He also contends that he was not awarded the 16 awards of the Air Medal that he earned. In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1982; a medical record, dated 30 April 1969; and a Department of Veterans Affairs (DVA) Rating Decision, dated 26 August 1982.

4. The applicant’s military records show that he enlisted on 2 June 1960, served as a single engine airplane mechanic and was released from active duty on
28 May 1963. He entered active duty again on 21 January 1965 for a period of
5 years. He served as single engine aircraft mechanic in Vietnam from
20 August 1966 through 10 August 1967; served as an airplane technician inspector in Vietnam from 2 November 1968 through 8 July 1969; and served as a technician inspector in Vietnam from 16 September 1970 through
11 September 1971. The applicant remained on active duty through continuous reenlistments until he retired in the rank of staff sergeant on 31 March 1982.

5. The applicant's DD Form 214 for the period ending 20 October 1969 shows the Good Conduct Medal, the National Defense Service Medal, the Army Commendation Medal with "V" Device, the basic and permanent award of the Aircraft Crew Member Badge, the Vietnam Service Medal, the "Mech Badge w/Mech Crew Ch & Prop Bar," and the Vietnam Campaign Medal as authorized awards.

6. The applicant's DD Form 214 for the period ending 23 July 1979 shows the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal with "V" Device, the Bronze Star Medal with "V" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the fourth award of the Good Conduct Medal as authorized awards.

7. The applicant's DD Form 214 for the period ending 31 March 1982 shows, in pertinent part, 16 awards of the Air Medal and the Vietnam Service Medal as authorized awards.

8. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

9. The applicant's DA Form 20 (Enlisted Qualification Record) does not show 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.

10. The applicant provided a medical record, dated 30 April 1969, which shows that he had a gunshot wound to his left foot. However, there is no evidence that this injury was the result of hostile action.

11. The applicant also provided a DVA Rating Decision, dated 26 August 1982, which shows that service connection was granted for a gunshot wound, muscle group lumbar region, right, residuals of; and a shell fragment wound, left third and fourth toes, dorsal surface, with metatarsalgia.

12. The applicant's service personnel records show he participated in five campaigns during the period 20 August 1966 to 8 July 1969.

13. The applicant's service personnel records show he participated in two campaigns during the period 16 September 1970 to 11 September 1971.

14. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

15. 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. This regulation also states, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

16. The Army Board for Correction of Military Records does not issue awards and decorations. The applicant may receive the awards shown on his/her DD Form 214 (Certificate of Release or Discharge from Active Duty) by submitting a request in writing to the following address: National Personnel Records Center, ATTN: Army Medals, 9700 Page Avenue, St. Louis, Missouri 63132-5100. The applicant should provide a copy of his/her discharge document with the request.






CONCLUSIONS:

1. The medical record, dated 30 April 1969, does not show that the applicant's gunshot wound to his left foot was the result of hostile action in Vietnam.

2. The DVA Rating Decision, dated 26 August 1982, states that the applicant had a gunshot wound to his back and a shell fragment wound of the left foot. However, in the absence of orders or any other evidence which shows the applicant was wounded or treated for wounds as a result of hostile action in Vietnam, this rating decision is not sufficient as a basis for an award of the Purple Heart. Therefore, there is insufficient evidence on which to base any award of the Purple Heart in this case.

3. The applicant's DD Form 214 for the period ending 20 October 1969 shows the Vietnam Service Medal as an authorized award. However, his records show that he participated in five campaigns during the period covered by this DD Form 214. Therefore, this DD Form 214 should be corrected to show award of the Vietnam Service Medal with one silver service star.

4. The applicant's DD Forms 214 for the periods ending 23 July 1979 and
31 March 1982 show the Vietnam Service Medal as an authorized award. However, his records show that he participated in two additional campaigns during his last tour in Vietnam. Therefore, these DD Forms 214 should be corrected to show award of the Vietnam Service Medal with one silver service star and two bronze service stars.

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:

         a. by showing that the applicant received the Vietnam Service Medal with one silver service star on his DD Form 214 for the period ending 20 October 1969;

         b. by showing that the applicant received the Vietnam Service Medal with one silver service star and two bronze service stars on his DD Forms 214 for the periods ending 23 July 1979 and 31 March 1982.




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

BOARD VOTE:

SK_____ RJW____ MMB_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Stanley Kelley______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087583
SUFFIX
RECON
DATE BOARDED	20031106
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0018
3.
4.
5.
6.