PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               13 January 1999
	DOCKET NUMBER:      AC98-12161
				      AR1998013420

	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. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Ms. Margaret V. Thompson		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.

2.  The applicant requests award of the Purple Heart.

3.  The applicant states that he “was shot and received wounds to [his] back and neck Sept. 26,1968.”  He states that he should receive the Purple Heart for these injuries received in the service of his country.  In support of his application, the applicant submitted a letter of explanation, a statement from a fellow soldier who served with the applicant in Vietnam, a copy of flight record for that fellow soldier, a copy of a 28 September 1968 letter to his wife regarding a “ship getting shot down”, and a copy of a service medical record and a copy of selected Department of Veterans Affairs medical records.

4.  The applicant’s military records show that he was inducted on 3 January 1968 and completed training as a helicopter repairman.  He served in Vietnam as an aircraft repairman and briefly as a helicopter door gunner from July 1968 to July 1969.  The applicant was honorably discharged on 18 December 1969.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Purple Heart as an authorized award.  The Board notes that the applicant was entitled to the Aircraft Crew Member Badge, the Presidential Unit Citation, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.

6.  The applicant’s DD Form 214 which is signed in his own hand does not show the Purple Heart as an authorized award.  His DA Form 20 (Enlisted Qualification Record) does not show any entries in item 40 (Wounds) or award of the Purple Heart in item 41 (Awards and Decorations).  A copy of a Standard Form 600 (Chronological Record of Medical Care) submitted by the applicant is partially legible.  There is an entry for 26 September 1969 which shows treatment at the 9th Medical Battalion and the words “Chopper crash”.  This record indicates x rays were ordered for a possible cervical sprain and the applicant was prescribed Darvon and another medication.  There is no indication whether or not the applicant was a battle or non-battle casualty.  The Vietnam Casualty Roster shows the applicant was treated as a non-battle casualty on 26 September 1968. There is no indication in the statement by the fellow service member that he was an eye witness to the helicopter crash in question.

7.  The applicant’s service personnel records show that he was trained in and served for over a year in military occupational specialty 67 series (Helicopter Repairman).

8.  The applicant was awarded the Presidential Unit Citation by Headquarters Department of the Army General Orders Number 16, dated 1972.

9.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Headquarters Department of the Army General Orders Number 59, dated 1969.

10.  The applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 43, dated 1970.

11.  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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal Advanced Individual Training in career management field 67 MOS’s.

CONCLUSIONS:

1.  There is no evidence of record which shows the applicant was wounded or injured as a result of hostile action.  The Board notes the statement by the fellow soldier and the medical record submitted by the applicant; however, these documents alone are not sufficient as a basis for award of the Purple Heart, particularly in view of the evidence of record which shows that he was not a combat casualty or wounded in action.

2.  The applicant is entitled to award of the Aircraft Crew Member Badge based on completion of Advanced Individual Training in military occupational specialty 67N.  Therefore, his records should be corrected to show this badge.

3.  The applicant was awarded the Presidential Unit Citation, the Vietnam Cross of Gallantry with Palm Unit Citation, and the Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

4. 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 by showing the individual concerned was awarded the Aircraft Crew Member Badge, the Presidential Unit Citation, the Vietnam Cross of Gallantry with Palm Unit Citation, and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

TNK_____  WTM___  MVT____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12161/AR1998013420	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990113	
TYPE OF DISCHARGE	(HD	
DATE OF DISCHARGE	19691218	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.