PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            12 September 2000                  
	DOCKET NUMBER:   AR2000040903

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Ms. Carol Jo Suiter 		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.  In a letter attached to his application, dated 4 April 2000, the applicant also requests correction of his military records to show award of “Flight Wings” (correctly known as the Basic Aviation Badge), the “M-16 Expert” (correctly known as the Expert Marksmanship Qualification Badge with Rifle Bar), the
“M-14 Sharpshooter” (correctly known as the Sharpshooter Marksmanship Qualification Badge with Rifle Bar), the Army Commendation Medal and two Overseas Service Bars.    

4.  The applicant states that he sustained an eye injury during a rocket and mortar attack.  He contends that his eye injury was treated by medical staff in Vietnam, that he was issued an eye patch for two weeks and was also advised that he would be given a Purple Heart.  He also contends that his DD Form 214 (Report of Separation or Transfer) should reflect the awards mentioned above.  In support of his application, he submits a letter of explanation, dated 
3 November 1999; a letter to the Army Reserve Personnel Center in St. Louis, Missouri, dated 4 April 2000; a copy of his DD Form 214 and orders for award of the Army Commendation Medal.   

5.  The applicant’s military records show that he enlisted on 30 September 1968 for a period of 3 years.  He served as an aircraft maintenance apprentice and repairman in Vietnam from 11 March 1969 through 5 March 1970 and was honorably released on 27 August 1971.  

6.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart, the Basic Aviation Badge, the Expert Marksmanship Qualification Badge with Rifle Bar or the Army Commendation Medal as authorized awards.  

7.  The applicant’s DD Form 214 shows the entry “SHARPSHOOTER M-16” [currently known as the Sharpshooter Marksmanship Qualification Badge with Rifle Bar] and two Overseas Service Bars as authorized awards.  Therefore, these portions of the applicant’s request will not be discussed further in these Proceedings.      

8.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item
40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

9.  Evidence of record shows that on 9 June 1971 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.    
10.  The applicant’s personnel records show that he was transferred to Fort Rucker, Alabama, for advanced individual training (AIT) in military occupational specialty (MOS) 67A (aircraft maintenance apprentice) on 6 December 1968.  He completed AIT on 29 January 1969 and was awarded MOS 67A.  His records show he served in MOS 67A and MOS 67N (aircraft maintenance repairman) during his assignment in Vietnam. 

11.  3rd Brigade, 3rd Infantry Division Unit Order Number 2, dated 3 May 1971, shows the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

12.  Americal Division General Orders Number 1547, dated 15 February 1970, show the applicant was awarded the Army Commendation Medal for the period March 1969 to March 1970. 

13.  Army Regulation 600-8-22 (Military Awards) 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.

14.  MILPER MESSAGE NUMBER 00-138 (date/time group 101221Z April 2000) changed the name of the Aircraft Crew Member Badge to the Aviation Badge and changed the criteria for award of the Basic, Senior and Master Aviation Badges. This message, in pertinent part, authorizes permanent award of the Basic Aviation Badge to individuals upon successful completion of Advanced Individual Training (AIT) in career management fields (CMF) 67 (aircraft maintenance) and 93 (aviation operations) and to soldiers who previously completed AIT in CMF 
28 (aviation communications and electronic systems maintenance). 

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he sustained an eye injury during a rocket and mortar attack in Vietnam.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action in Vietnam.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

2.  Evidence of record shows the applicant successfully completed formal AIT in MOS 67A.  Therefore, he is entitled to correction of his military records to show award of the Basic Aviation Badge.

3.  The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and the Army Commendation Medal.  Therefore, he is entitled to correction of his military 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 that the individual concerned was awarded the Basic Aviation Badge, the Expert Marksmanship Qualification Badge with Rifle Bar and the Army Commendation Medal.

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

BOARD VOTE:  

CMF____  FE_____  CJS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Calvin M. Fowler______
		        CHAIRPERSON

INDEX

CASE ID	AR2000040903	
SUFFIX		
RECON		
DATE BOARDED	20000912	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710827	
DISCHARGE AUTHORITY	AR 635-200   	
DISCHARGE REASON	Early separation from overseas	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0118	
3.	107.0108	
4.	107.0020	
5.		
6.