RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           26 July 2005
      DOCKET NUMBER:  AR20040010028


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Leonard Hassell               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his earlier appeal to correct
his military records by awarding him the Purple Heart.  In a separate
application, he also requests that his military records be corrected to
show 20 awards of the Air Medal (correctly known as the Air Medal with
Numeral "20") which is a new issue not previously considered by the Army
Board for Correction of Military Records (ABCMR).

2.  The applicant states that he deserves the Purple Heart for the injuries
he received while in a combat situation in Vietnam.  He states that he
recently received a letter from the Department of Veterans Affairs (DVA)
which concedes that he was injured while helping to rescue the pilots of a
helicopter crash in Vietnam in 1971.  He contends, in effect, that his
records should show that he was shot in the leg and that he broke his wrist
during this helicopter incident.

3.  The applicant provides a letter, dated 28 October 2004, from the DVA.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
ABCMR in Docket Number AR2003097191, on 22 January 2004.

2.  The applicant provides a letter, dated 28 October 2004, from the DVA.
This letter, in pertinent part, states, "Also, a Decision Review Officer
(DRO) has reviewed your file along with copies of the letters sent home
from Vietnam that you submitted to corroborate the stressor claims which
describe the 1971 helicopter crash and rescue during which you injured your
right wrist.  This wrist fracture is recorded in your service medical
records, although the circumstances of the injury are not mentioned" and
"though the specific events are not documented, there is sufficient
consistent evidence for us to concede your involvement in this helicopter
incident."

3.  The applicant's submission is new evidence which will be considered by
the Board.

4.  The applicant enlisted on 14 February 1969 for a period of 3 years.  He
served in Vietnam from 3 May 1970 through 1 December 1971 and was released
from active duty on 1 December 1971.

5.  The applicant's DD Form 214 (Report of Transfer or Discharge) does not
show the Purple Heart or the Air Medal as authorized awards.
6.  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.

7.  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.

8.  A service medical record, dated 15 June 1971, shows the applicant
fractured his right wrist in two places on 10 June 1971.  However, there is
no evidence that this wrist injury was the result of hostile action.

9.  The applicant underwent a separation physical examination on 1 December
1971 which makes no mention of any injuries or wounds received as a result
of hostile action.

10.  A DD Form 215 (Correction to DD Form 214), prepared on 19 March 2004,
amended the applicant's DD Form 214 to show the Air Medal as an authorized
award.

11.  Headquarters, 1st Aviation Brigade General Orders Number 7095, dated
6 November 1971, show the applicant received the Air Medal (Second through
Twentieth Award).

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 provides that Arabic numerals are now used
instead of oak leaf clusters for the second and succeeding awards of the
Air Medal.  The numeral 2 denotes the second award of the Air Medal.

DISCUSSION AND CONCLUSIONS:

1.  The DVA letter provided by the applicant does not show that he was
wounded as a result of hostile action in Vietnam.  It merely indicates that
service medical records show that the applicant fractured his wrist and
that the circumstances of the injury are not mentioned in the medical
records.  There is no evidence of record which shows that the applicant was
wounded or treated for any injuries as a result of hostile action in
Vietnam.  Therefore, there is insufficient evidence on which to base an
award of the Purple Heart in this case.
2.  Orders show the applicant received the Air Medal (Second through
Twentieth Award).

3.  Evidence shows that the applicant’s records contain an administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

LS_____  PM______  LH______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR2003097191, dated 22 January 2004.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show that he was awarded the Air Medal with Numeral "20."




            __Linda Simmons_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010028                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050726                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0018                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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