PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           28 October 1998                   
	DOCKET NUMBER:   AC98-10847

	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	
	Ms. Wanda L. Waller   		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis W. Barbee, Jr.		Member	
	Mr. Raymond V. O’Connor, Jr.		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 Distinguished Flying Cross, three awards of the Purple Heart (correctly known as the Purple Heart with two Oak Leaf Clusters) and 3 awards of the Bronze Star Medal (correctly known as the Bronze Star with two Oak Leaf Clusters).

3.  The applicant states he was shot down and wounded in November or December 1970 in Vietnam.

4.  The applicant’s military records show he entered active duty on
5 September 1969.  He served as helicopter mechanic in Vietnam from 24 July 1970 through 10 January 1971 and was separated in the grade of E-4 with an honorable discharge on 8 March 1972.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Distinguished Flying Cross, the Purple Heart or the Bronze Star Medal as authorized awards. 

6.  There is no indication in the applicant’s service personnel records that he was considered or recommended for the Distinguished Flying Cross.

7.  The applicant’s personnel records do not contain any orders awarding the Purple Heart.  Informal coordination with the Awards Branch of the Total Army Personnel Command revealed that the applicant’s name appeared once on the Vietnam Casualty Roster as a combat casualty on 15 December 1970.  

8.  There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the Bronze Star Medal.

9.  Headquarters, 1st Infantry Brigade, 5th Infantry Division General Orders Number 224, dated 25 February 1971, awarded the Air Medal to the applicant for meritorious achievement in connection with aerial operations against a hostile force in the Republic of Vietnam from 4 December 1970 to 15 December 1970.

10.  Army Regulation 600-8-22 (Military Awards) provides in pertinent part for award of the Distinguished Flying Cross.  The regulation states that the Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army of the United States, distinguished himself or herself by heroism or extraordinary achievement while participating in aerial flight.  The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty.  The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances.

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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Purple Heart.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Bronze Star Medal.

CONCLUSIONS:

1.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was considered for or awarded the Distinguished Flying Cross.  Therefore, he is not entitled to this award.

2.  The applicant was wounded as a result of hostile action on 15 December 1970 while serving in Vietnam. Therefore, he is entitled to correction of his military records to show one award of the Purple Heart.

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was considered for or awarded the Bronze Star Medal.  Therefore, he is not entitled to correction of his military records to show any award of the Bronze Star Medal.

4.  The applicant was awarded the Air Medal; therefore, he is entitled to correction of his military records to show this award.

5.  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 that the individual concerned was awarded the Purple Heart and the Air Medal.

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

BOARD VOTE:  

JHL_____  CWB____  RVO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON