RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 December 2007
	DOCKET NUMBER:  AR20070011633 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Ms. Jeanette R. McCants

Member

Mr. Jerome L. Pionk

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 request for award of the Air Medal and the Purple Heart (1st Oak Leaf Cluster).  

2.  The applicant states that:

	a.  he went on hundreds of combat assault missions during his service in the Republic of Vietnam and that at the time, he did not care about awards and decorations; and

	b.  he was wounded twice in the Republic of Vietnam; on 28 June 1968 (for which he has been awarded the Purple Heart) and on 21 March 1968 (for which he has not been awarded the Purple Heart). 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 30 September 1969;

	b.  DD Form 215 (Correction to DD Form 214), dated 17 October 2002;

	c.  General Orders Number 10637, dated 16 August 1968, and a copy of a certificate, awarding the Air Medal to another Soldier who was assigned to the applicant's unit;

	d.  General Orders Number 7856, dated 10 July 1968, awarding the applicant the Purple Heart for wounds sustained on 28 June 1968;

	e.  Special Orders Number 123, dated 2 May 1968, awarding the applicant the Combat Infantryman Badge;

	f.  Veterans Administration (VA) Form 21-526e (Veterans Application for Compensation or Pension at Separation from Service;

	g.  Applicant's Acknowledgement of Service Obligation, dated 21 September 1967;

	h.  DA Form 1577 (Authorization for Issuance of Awards), dated 17 October 1992;

	i.  Honorable Discharge Certificate, dated 1 September 1973;

	j.  DD Form 1380 (U.S. Field Medical Card), dated 21 March 1968;

	k.  DA Form 8-275-3 (Clinical Record Cover Sheet), dated 27 March 1968, 1 April 1968, and 13 April 1968;

	l.  Standard Form (SF) 502 (Clinical Record), dated 4 July 1968;

	m.  1st Cavalry Division (Airmobile) Vietnam Combat Certificate; and,

	n.  Letter, dated 25 February 2005, from the applicant's comrade in arms.

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 AR2002069915, on 17 September 2002.

2.  The applicant submitted the following documents, which were not previously reviewed by the ABCMR, therefore, they are considered new evidence and as such warrant consideration by the Board:

	a.  Letter, dated 25 February 2005, from the applicant's comrade in arms testifying to the applicant's participation in hundreds of aerial flights in the Republic of Vietnam; and

	b.  Copies of Clinical Record Cover Sheets, dated 27 March 1968, 1 April 1968, and 12 April 1968, as well as a copy of his SF 502 Clinical Record, dated 4 July 1968, showing that he was treated for wounds.

3.  The applicant's records show that he was inducted and entered on active duty on 21 September 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained during his military service was sergeant/E-5 (Temporary).  He was honorably separated on 30 September 1969.

4.  The applicant's records show that he served in the Republic of Vietnam during the period 2 March 1968 through 23 February 1969.  He was assigned to the Company C, 2nd Battalion, 5th Cavalry, 1st Cavalry Division.
5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 and Item 5 (Original DD Form 214 is Corrected as Indicated) of the applicant's DD Form 215 show he was awarded the National Defense Service Medal, the Purple Heart, the Combat Infantryman Badge, the Army Commendation Medal, two Overseas Bars, the Expert Marksmanship Qualification Badge with Rifle Bar, the Vietnam Campaign Medal with 1960 Device, the Valorous Unit Award, the Vietnam Service Medal with one silver service star, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The DD Form 214 and the DD Form 215 do not show award of the Air Medal or a second award of the Purple Heart.  The applicant's records do not contain General Orders awarding him the Air Medal or a second award of the Purple Heart.

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that the applicant was a patient twice while in the Republic of Vietnam: the first time on 28 June 1968 and the second time on 12 July 1968. 

8.  Item 40 (Wounds) of the applicant's DA Form 20 shows the entry "Gun Shot Wound (GSW) L. upper quadrant, 28 June 1968.”  There are no other entries in that item.

9.  The applicant's name is shown on the Vietnam Casualty Roster with a date of wound/injury as 28 June 1968. 

10.  Headquarters, 1st Cavalry Division (Airmobile). General Orders Number 7856, dated 10 July 1968, show that the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 28 June 1968.

11.  The applicant submitted a statement, authored by a friend of the applicant on 25 February 2007.  The author states that he was assigned to the same company as the applicant during his service in the Republic of Vietnam and he testifies that he and the applicant made over a hundred aerial flights during combat operations. 

12.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 10637, dated 16 August 1968, show that several members of C Company, 1st Battalion, 5th Cavalry, were awarded the Air Medal.  However, the applicant's name is not shown on the Orders. 
13.  The applicant's DD Form 1380, dated 21 March 1968, shows that the applicant was wounded in the chest as a result of throwing grenades at the range, on 21 March 1968, while serving in the Republic of Vietnam.

14.  The applicant's Clinical Record Cover Sheets, dated 27 March 1968 and 1 April 1968, show that the applicant sustained a fragment wound to the right anterior thorax while practicing throwing grenades on 21 March 1968 and that he was provided initial treatment at the 8th Field Hospital in the Republic of Vietnam.

15.  The applicant's Clinical Record Cover Sheet, dated 13 April 1968, shows the applicant was transferred from the 8th Field Hospital to the 6th Convalescent Center in the Republic of Vietnam and that he was healed of the injury he sustained on 21 March 1968 while practicing throwing grenades.

16.  The applicant's SF 502, dated 4 July 1968, shows that the applicant sustained a fragment wound of the abdominal wall on 28 June 1968 and that he was treated at the 18th Surgical Hospital and was transferred to the 67th Evacuation Hospital in the Republic of Vietnam.  This form also shows that the medical doctor remarked of the applicant's prior fragment to the right chest injury sustained on 21 March 1968.

17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

18.  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.

19.  Appendix IV of U.S Army Vietnam 672-1 required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status will be submitted on USARV Form 157-R.  The recommendation for award must also state that the individual has “met the required number of missions and hours for award of the Air Medal”, and that “the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident”, and that the “individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit”.

20.  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.

21.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Air Medal and a second award of the Purple Heart.

2.  There are no General Orders in the applicant’s service personnel records which show that he was awarded the Air Medal.  There are no flight records available or other documentary evidence indicating that he participated in aerial flights while stationed in the Republic of Vietnam.  Therefore, he is not entitled to award of the Air Medal.

3.  Evidence of record shows that the applicant sustained a grenade injury on 21 March 1968 while practicing at the grenade range in the Republic of Vietnam. There is no evidence that this "friendly fire” injury was sustained in the “heat of battle” or that the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.  Therefore, the applicant is not entitled to a second award of the Purple Heart.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__rtd___  __jrm___  __jlp___  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

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 AR2002069915, dated 17 September 2002.




							Richard T. Dunbar
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070011633
SUFFIX

RECON

DATE BOARDED
20071220
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.