RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 December 2006
      DOCKET NUMBER:  AR20060001890


      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. W. W. Osborn, Jr.             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. John M. Moeller               |     |Member               |

      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 previous request for
award of two Purple Hearts and the Bronze Star Medal.

2.  The applicant states that he flew a scout helicopter in hunter/killer
missions on a daily basis.  He was shot down nine times and will obtain
statements from his gunners and wingmen if necessary.  He would like to
have his DD Form 214 (Armed Forces of the United States Report of Transfer
or Discharge) be corrected to show the two Purple Hearts and the Bronze
Star Medal that he received in the mail after he was released from active
duty.

3.  The applicant provides copies of his Individual Flight Record and
Flight Certificate, and some of his service and Department of Veterans
Affairs (VA) medical records.

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
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2004006840 on 7 June 2005.

2.  As noted in the original Record of Proceedings, the applicant served in
Vietnam from December 1969 until March 1971.  It does not mention, however
that he was awarded the Distinguished Flying Cross with 3rd Oak Leaf
Cluster for his exploits as an OH5A Light Observation Helicopter pilot.
These included actions on 24 August 1970 in which he was able to land in a
clearing even though enemy ground fire had badly damaged his flight
controls.

3.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained while in action
against an enemy or 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.

4.  The Field Medical Card (DD Form 1390) was normally used to report
medical treatment at non-fixed locations and in cases where patients were
not kept at the treatment facility but a report up the chain of command was
deemed appropriate. In Vietnam they were used almost exclusively for combat
casualties.

5.  In a 4 October 1994 letter to the VA, the applicant wrote that he
appreciated the rating for the scar and fragments in his leg, but that he
also had fragments in both hands.  He did not mention these because they
were not bothering him at the time.  Subsequently, in March 2004, the VA
medical records noted that x-rays showed opaque bodies in the 3rd and 5th
fingers of his right hand.  He is currently service-connected for injuries
to the thigh and both hands.

6.  The applicant’s individual Flight Record and Flight Certificate-Army
(DA Form 759), dated June 1970 shows that, since being appointed an Army
Aviator in November of 1969 he had accumulated 697 hours of combat flight
time.  His DA Form 759 for the period ending March 1971 [when he left
Vietnam] shows an additional 860 hours of combat flight time.  This totals
1557 hours.  The supporting DA Forms 759-1 show the applicant flew the
combat hours on 243 separate days.  Of those, 88 days included hours that
exceeded the aircraft’s
4-hour combat endurance and 2 more days included hours of double that
endurance.  This indicates the completion of, at least, two or three
missions per day on those days.

7.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, guidelines for award of the Air Medal.  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.

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  The Applicant’s DA Form 66 (Officer Qualification record) shows he was
authorized the Expert Marksmanship Qualification Badge with Rifle Bar and
the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.


DISCUSSION AND CONCLUSIONS:

1.  The applicant was treated for a fragment wound on 17 September 1970 and
a Field Medical Card was completed.  He is listed on the Vietnam Casualty
roster as a combat casualty on that date.  The applicant should be awarded
one Purple Heart for wounds received on 17 September 1970.

2.  The applicant’s aircraft was forced down by enemy fire on 24 August
1970.  Although, it is difficult to imagine such a situation without injury
to everyone on board, the governing regulation requires that there be a
record of treatment.  No such record is available.  Accordingly, it would
not be appropriate to award a second Purple Heart.

3.  The applicant’s flight records show he accumulated 1557 combat hours on
243 separate days.  Although he undoubtedly flew more than one mission on
many of those days, the best possible estimate is that such multi-mission
days accounted for, at least, an additional 92 missions.  Thus the
available records indicate he flew a total of 335 missions.  In the absence
of more substantiating date he should be awarded the number of Air Medals
that can be substantiated.  At the rate of one Air Medal for each 25
missions, the applicant should be awarded the numeral “13” for wear on his
already awarded Air Medal.

4.  The Expert Marksmanship Qualification Badge with Rifle Bar and the
Sharpshooter Marksmanship Qualification Badge with Pistol Bar should be
added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JMM__  __PMS__  __KAN __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant amendment of the ABCMR’s decision in Docket Number AR20040006840,
dated 7 June 2005.  As a result, the Board recommends that all Department
of the Army records of the individual concerned be corrected by:

      a.  awarding him the Purple Heart for wounds sustained on 17 September
1970;


      b.  awarding him the numeral “13” for wear on his already awarded Air
Medal and;


      c.  Showing that his authorized awards also include the Expert
Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter
Marksmanship Qualification Badge with Pistol Bar.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of a second Purple Heart and the Bronze Star Medal.




                                  _     _Kathleen A. Newman____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001890                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061219                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     | . . . .                                |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PART                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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