RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          16 August 2005
      DOCKET NUMBER:  AR20040010447


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 that he be awarded the Purple Heart and the 20th
through 25th awards of the Air Medal (AM).

2.  The applicant states, in effect, that he was injured in combat
operations on 8 March 1971, during the invasion of Laos.  He further states
that during his recovery period he was assigned non-flying duties as the
night defense officer at Camp Eagle and had little contact with his company
personnel.  He also states that the process of following up minor injuries
was not a priority and there was a change of command during that period as
well.  He goes on to state that he submitted the paperwork to award him the
AM (20th through 25th awards) at the time of his departure and he never
received orders for those awards.

3.  The applicant provides copies of his flight records, a copy of his AM
orders through the 19th award, a letter from his former commander attesting
to his injuries on 8 March 1971 and copies of medical records showing he
was treated for injuries on 8 March 1971.

CONSIDERATION OF EVIDENCE:

1.  He enlisted in New York on 29 May 1969 for a period of 2 years under
the warrant officer flight training program.  He completed his basic combat
training at Fort Polk, Louisiana, and was transferred to Fort Wolters,
Texas, to undergo Phase I and II of warrant officer flight training (WOFT)
and was promoted to the pay grade of E-5 on 1 September 1969.  He completed
both Phases of WOFT and was transferred to Fort Rucker, Alabama, to undergo
Phase III and IV of WOFT.

2.  He completed Phases III and IV of WOFT and was honorably discharged on
14 June 1970 to accept an appointment as a warrant officer.  He had
completed 1 year and 16 days of total active service.

3.  On 15 June 1970, he accepted a United States Army Reserve (USAR)
appointment to the rank of warrant officer one (WO1), with a concurrent
call to active duty.

4.  He was transferred to Vietnam on 20 July 1970 and was assigned Company
A, 101st Aviation Battalion, 101st Airborne Division (Airmobile) for duty
as a rotary wing aviator.

5.  On 8 March 1971, the applicant was treated at the 101st Aviation
Battalion Dispensary for multiple abrasions and a concussion that resulted
from an aircraft accident.  His wounds were cleaned and dressed and he was
grounded by the battalion surgeon.  He was subsequently cleared to fly on 7
April 1971 but continued to experience dizzy spells afterwards.

6.  On 25 April 1971, orders were published which awarded the applicant the
AM (first award) for the period of 15 August through 3 September 1970 and
the second through 15th award for the period of 4 September 1970 through
30 January 1971.  On 24 June 1971, orders were published which awarded him
the AM (sixteenth through nineteenth award) for the period of 10 August
1970 through 30 January 1971.

7.  He was promoted to the rank of Chief Warrant Officer Two (CW2) on 15
June 1971 and departed Vietnam on 19 July 1971 to Fort Lewis, Washington,
where he was honorably released from active duty (REFRAD) on 24 July 1971,
under the Warrant Officer Aviator Early Release Program.  He had served 1
year, 1 month and 10 days as a warrant officer for a total of 2 years, 1
month and 25 days of total active service.  His report of separation (DD
Form 214) issued at the time of his REFRAD shows he was awarded the
National Defense Service Medal, the Republic of Vietnam Campaign Medal, the
Vietnam Service Medal (VSM), the Army Commendation Medal, the Bronze Star
Medal (BSM), the Army Aviator Badge, the AM, the Distinguished Flying Cross
and the Army Good Conduct Medal.

8.  A review of the applicant’s records shows that his award of the BSM was
actually the BSM with “V” Device.  Additionally, he was awarded the
Republic of Vietnam Gallantry Cross with Silver Star (RVNGC w/SS) Unit
Citation on 19 August 1971, subsequent to his REFRAD.

9.  A review of the Vietnam Casualty Listing fails to show that the
applicant was ever reported as a casualty.

10.  The letter provided by the applicant with his application from his
former commander indicates that the applicant was an aircraft commander
involved in combat operations when his aircraft was lost in the heat of
battle.  He further states that all four crewmembers were injured and that
the door gunner suffered a cracked pelvis (the door gunner’s name is listed
on the Vietnam Casualty Listing as a combat casualty on 8 March 1971).  All
members of the crew were immediately evacuated to medical facilities.  He
opined that the applicant was entitled to award of the Purple Heart.
11.  A review of the applicant’s flight records shows that his first award
of the AM was awarded after completion of 35 flight hours.  There is no
indication of the number of missions flown and his orders awarding him the
sixteenth through nineteenth award of the AM cover the same period covered
by orders awarding him the second through fifteenth awards of the AM.  A
computation of the applicant’s total combat flight hours (918) indicates
that he should have received awards of the AM through the twenty-sixth
award (AM with Numeral 26) up through 3 July 1971, the date of his last
recorded flight.

12.  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 a
result of hostile action, that the wound must have required treatment by a
medical officer, and that the medical treatment was made a matter of
official record.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register-Vietnam Era) was published to assist
commanders and personnel officers in determining or establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, and unit citation badges awarded during the Vietnam
Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet
indicates that subsequent to the applicant’s departure from Vietnam, his
unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC
w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal
– First Class (RVNCAHM-FC) Unit Citation for the period he served with the
unit.  Additionally, he participated in two campaigns while assigned to
Vietnam and is authorized to wear two bronze service stars on his VSM.

14.  United States Army Vietnam (USARV) Regulation 672-1 (Decorations and
Awards) provided, in pertinent part, guidelines for award of the Air Medal.
 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 AM. However, the regulation was clear that
these guidelines were considered only a departure point.  Nothing created
an entitlement to the award.  There was also no provision for making the
award simply because an aircraft was struck by enemy fire.


DISCUSSION AND CONCLUSIONS:

1.  The applicant has shown through the evidence submitted with his
application and the evidence of record that he was injured in action in
Vietnam on 8 March 1971 and that the treatment of those injuries were made
a matter of record.

2.  Accordingly, it would be in the interest of justice to award him the
Purple Heart at this time for wounds received in Vietnam on 8 March 1971
while serving in the rank of WO1.

3.  While the orders awarding him the AM (first through nineteenth awards)
have conflicting periods of qualifying service (flight hours).  A
computation of his total flight hours by the staff of the Board reveals
that he should have been awarded the AM with numeral “26” for the period of
19 August 1970 through 3 July 1971.  Therefore, it would be appropriate at
this time to correct his records to show entitlement to the AM w/Numeral
“26” for the period of 19 August 1970 through 3 July 1971.

4.  The evidence of record also reveals that the applicant received the
award of the BSM with “V” Device.  However, that award is incorrectly
reflected as the BSM on his DD Form 214.  It would be appropriate to
correct that administrative oversight at this time as well.

5.  Additionally, the applicant was awarded the RVNGC w/SS Unit Citation,
the RVNGC w/Palm Unit Citation, the RVNCAHM – FC Unit Citation and two
bronze service stars for wear on his already awarded VSM.  Accordingly, his
records should be corrected at this time to reflect those awards.

BOARD VOTE:

__mhm___  __jtm___  __jbg___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected:

      a).  by awarding him the Purple Heart for wounds received in action
against the enemy in Vietnam on 8 March 1971, while serving in the rank of
WO1;


      b).  by correcting his records to show he is awarded the AM with
Numeral “26” for the period of 19 August 1970 through 3 July 1971; and


      c).  by showing that he was awarded the BSM w/”V” Device (vice the BSM
that is currently reflected on his DD Form 214), the RVNGC w/SS Unit
Citation, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and
two bronze service stars for wear on his already awarded VSM.




                 Melvin H. Meyer
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010447                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.107.0018              |64/AM                                   |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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