PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                21 July 1999
	DOCKET NUMBER:        AR1999018198

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Robert G. Hinkle		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, in effect, that his DD Form 214 (Armed Forces 
of the United States Report of Transfer or Discharge) with an effective date of 1 April 1971, be corrected to show that he was awarded the Purple Heart and Silver Star.

3.  The applicant states that his DD Form 214 does not show the award of the 
Purple Heart and Silver Star.  He also states that on 21 May 1969, he was a pilot of a helicopter that was shot down over enemy territory while serving in Tay Ninj Province, Vietnam.  He further states that he suffered second degree burns to both arms, legs, face and neck.  He goes on to state that he rescued three other soldiers from the burning helicopter while wounded.  He concludes by stating that he was advised that his name was submitted for an award of the Purple Heart and Silver Star.  In support of his application he submits copy of a Western Union Telegram, orders awarding him the Air Medal second award with “V” Device and a copy of his DD Form 214.

4.  The applicant’s military records show he entered active duty on 4 April 1968 as a basic trainee.  He continued to serve until he was honorably discharged on 9 March 1969 in order to accept a warrant officer appointment.

5.  After a break in service, he was appointed as a Reserve Warrant Officer in the Aviation Branch on 10  March 1969.  He continued to serve until he was honorably released from active duty on 1 April 1971.

6.  The applicant DD Form 214 shows he was awarded the National Defense Service Medal, the Aviator Badge, the Republic of Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 60 device, the Air Medal and the two Overseas Service Bars.  His discharge document does not show the Purple Heart or Silver Star as authorized awards.

7.  On 21 May 1969, a Western Union Telegram was dispatched from the Department indicating that the applicant was slightly wounded in action while serving in Vietnam.  The telegram indicated that the applicant was a pilot of a military aircraft returning from a combat operation when the aircraft was hit by small arms fire from a hostile ground force.  It also indicated that the applicant received second degree burns to both arms, legs, face and neck.  

8.  The applicant’s records failed to show that he was recommended for the
Silver Star.  His records do not show that he was recognized for gallantry in action against an armed enemy which would have resulted in an award of the 
Silver Star.

9.  The applicant provided a copy of orders awarding him the Air Medal Second Award with “V” Device.

10.  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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry 
(spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1.  Evidence of record shows that the applicant was wounded as a result of hostile action while serving in Vietnam on 21 May 1969.  Therefore, he is entitled to correction of his records to show the Purple Heart.

2.  There is no evidence, and the applicant has provided no evidence to show he was recommended for or awarded the Silver Star; therefore, he is not entitled to award of the Silver Star.

3.  Records show the applicant is entitled to 2 awards of the Air Medal and award of the “V” Device; therefore, his records should be corrected to show the Air Medal with numeral “2” and with “V” Device.

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 in item 24 (Decoration and Medals) of his DD Form 214 that he was awarded the Purple Heart and the Air Medal with numeral “2” and with “V” Device.

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

BOARD VOTE:  

CWB____  JMA____  RGH____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Curtis W. Barbee______
		        CHAIRPERSON

INDEX

CASE ID	AR1999018198	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990715	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19710401	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.