PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           15 June 2000                  
	DOCKET NUMBER:   AR1999028844

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Orville W. Troesch, Jr.		Chairperson	
	Ms. Kathleen A. Newman 		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 that his record be corrected to show that he received two awards of the Purple Heart, the Bronze Star Medal, the Vietnam Distinguished Flying Cross, and the Army Good Conduct Medal.  He also requests that his record show that he completed Panamanian and American airborne training, that he attended crew chief school, transportation school at Fort Eustis, Virginia, and scuba school in Panama.

3.  The applicant states that these awards and schools are not in his record.  Because of his disabilities (including post traumatic stress disorder), those awards need to be added for his mental well being.  He has been treated by the VA for 20 years, and has stopped taking as much medication [as he had been taking], and he can think and remember many more things than when he was on medication.

4.  The applicant’s military records show that he entered on active duty on           1 August 1969, trained as a helicopter mechanic at Fort Eustis, Virginia, and in February 1970 was assigned to the 1st Aviation Brigade in Vietnam.  The applicant also served with C Troop, 2d Squadron, 17th Cavalry, and with D Troop, 3d Squadron, 5th Cavalry, during his tour in Vietnam, participating in three campaigns.  The 1st Aviation Brigade was awarded the Meritorious Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for its actions during his assignment to that unit.  He was awarded the Army Commendation Medal by the 1st Aviation Brigade on 21 June 1970 for the period 26 February 1970 to 1 June 1970, and was awarded a second Army Commendation Medal by the 101st Airborne Division on 15 September 1971 for the period September 1970 to September 1971.

5.  The applicant was also awarded the Air Medal for the period                         21 February 1970 to 26 August 1970, and the Aircraft Crew Member Badge effective on 4 August 1970.

6.  The applicant returned to the United States and was assigned to Fort Hood, Texas in October 1971 as a tank driver.  He reenlisted on 14 December 1971 and in February 1972 was assigned to a psychological operations battalion in Panama as an offset pressman.  He returned to the United States in November 1974 and was assigned to Fort Jackson, South Carolina.  He was awarded the Army Good Conduct Medal for the period 2 February 1971 to 1 February 1974.  In January 1977 his specialty was changed to that of an illustrator by a reclassification board because of his L3 and H3 profile, which was below the minimum requirements for an offset pressman.  He was discharged at Fort Jackson on 12 December 1977.  He had 8 years, 4 months, and 12 days of service.   

7.  The applicant’s DD Form 214 shows only one award of the Army Commendation Medal, does not show that he participated in three campaigns in Vietnam, and does not show award of the Army Good Conduct Medal.  It does show that he attended the utility helicopter repairer course at the Army Aviation School for 8 weeks in 1970.  His DD Form 214 does not show award of the Purple Heart.  His DA Form 20 does not show that award, nor does it show that he was wounded in action.  There is no evidence in his record of an award of the Bronze Star Medal, or of a recommendation for that award.  There is no evidence in his records that he completed airborne training, American or Panamanian, that he completed crew chief school, or that he completed scuba school.  There is no information that he was awarded a Vietnam Distinguished Flying Cross.

8.  The applicant’s medical records show that he had a foreign body, shrapnel on his left index finger, and that it was removed on 24 October 1972 at the Gorgas Hospital, Balboa Heights in Panama.  A 15 March 1976 medical reports shows that he had a “metal F.B.” in the soft tissue of his right knee.

9.  A 20 September 1977 report of medical history shows that the applicant had chronic bilateral knee pain, and bilateral high frequency hearing loss with a physical profile serial of 1 1 3 3 1 1.  He was medically qualified for separation.  In the report of medical history that he furnished for that examination, the applicant stated that his health was bad.

10.  A 22 March 1978 VA medical report indicates that the applicant claimed to have a head injury as a result of a helicopter accident in Vietnam, and that he was discharged because of knee injuries sustained in a 1971 helicopter accident. That record shows that the applicant sustained a closed head injury and a fracture of the right tibia in a motorcycle accident on 15 December 1977, two days after his separation from active duty.

11.  A 9 November 1979 VA medical record shows that the applicant had a surgical skin scar on the dorsal aspect of the left index finger, that healed well, was asymptomatic, and not adherent.  An x-ray showed a metallic foreign body in the soft tissues of the thigh above the knee dorsally.  
 
12.  Army Regulation 600-8-22 provides 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.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The primary requirement for award of this, or any decoration, is that a formal recommendation must be prepared and administratively entered into official military channels by someone having witnessed or with knowledge of the act, achievement, or service to be honored.

CONCLUSIONS:

1.  The applicant’s medical records indicate that he had shrapnel in one of his fingers, which was removed, and that he had a metallic element in his right thigh. Nonetheless, there is no evidence, nor has the applicant submitted any, to show that these injuries were caused by enemy action during his tour in Vietnam.  He is not entitled to award of the Purple Heart.

2.  There is also no evidence or information to show that the applicant was awarded the Bronze Star Medal or a Vietnam Distinguished Flying Cross.  He is not entitled to those awards.

3.  The applicant’s record does show that he completed a helicopter repairer course, but is absent information concerning completion of any airborne training, scuba training, or crew chief training.  Those training courses cannot be reflected in his record. 

4.  The applicant received two awards of the Army Commendation Medal.  His record should reflect both awards.

5.  The applicant was awarded the Army Good Conduct Medal.  That award should be reflected in his record. 

6.  The applicant participated in three campaigns in Vietnam.  His record should show award of the Vietnam Service Medal with three bronze service stars (one for each campaign).  The applicant is also entitled to award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant received two awards of the Army Commendation Medal; and that he was awarded the Army Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

___kan__  ___mvt__  ___owt__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028844	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000615	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.  46	107.00	
2.		
3.		
4.		
5.		
6.