PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            5 December 2000   
	DOCKET NUMBER:   AR2000047170

	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:

	Ms. Ann M. Campbell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Jose A. Martinez		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 two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)), the Combat Medical Badge and 
23 awards of the Air Medal (currently known as the Air Medal with Numeral “23”).

3.  The applicant also requested two awards of the Distinguished Flying Cross and the Soldier’s Medal.  These issues will be addressed in separate correspondence to the applicant.   

4.  The applicant submitted two applications.  He states, in effect, that he fell on his left wrist as he was rapidly exiting his helicopter which was damaged as a result of hostile fire on 6 May 1970 in Vietnam.  He also contends that he sustained an injury to his left leg on 9 June 1970 when his helicopter was shot by enemy fire and ultimately blew up.  He states that he is qualified for the Combat Medical Badge because he performed duties under fire as a medical evacuation pilot in combat evacuations.  He also states that he flew 328 combat flight hours and 526 pilot medical evacuation missions which entitles him to 23 awards of the Air Medal, not nine awards.  

5.  In support of his applications, the applicant submits a certified statement of explanation regarding his injuries; an undated statement from the aircraft commander of a medevac mission conducted on 9 June 1970 in Vietnam; a Letter of Commendation dated 20 December 1973; a copy of an Individual Sick Slip dated 9 June 1970 and a Radiographic Report dated 7 May 1970; a citation for award of the Air Medal; page 2 of the applicant’s DA Form 66 (Officer Qualification Record); Individual Flight Record and Flight Certificate for the period July 1973 to June 1974; orders for the basic Air Medal dated 7 May 1970; reassignment orders dated 29 January 1970; a copy of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 1 April 1971; a copy of his Honorable Discharge Certificate from the USAR dated 5 March 1982; a copy of his Honorable Discharge from the Texas Army National Guard dated 31 October 1974; a copy of his DD Form 214 with an effective date of 14 December 1969; a letter from the applicant’s mother, dated 12 June 2000, to the Secretary of Defense; a list of Members of Congress who have provided assistance to the applicant’s mother in correcting his VA records; and news articles and other letters attesting to the applicant’s actions of duty, patriotism and civic duties.        

6.  The applicant’s military records show that he enlisted in the Regular Army on 3 September 1968 for the Warrant Officer Flight Program.  He was honorably discharged on 14 December 1969 to accept an appointment as a Reserve Warrant Officer.  The applicant was ordered to active duty on 15 December 1969.  He served as a helicopter pilot in Vietnam from 20 January 1970 to 
30 July 1970 and was released from active duty on 1 April 1971.  The applicant was subsequently honorably discharged from the USAR on 5 March 1982.  

7.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show any awards of the Purple Heart, the Combat Medical Badge or the Air Medal with Numeral “23” as authorized awards.  The Board notes that the DD Form 214 does show the “Air Medal 9/OLC” [9 oak leaf clusters] as an authorized award.  

8.  There are no orders in the applicant’s personnel service records which show the applicant was awarded the Purple Heart.  Item 21 (Awards and Decorations) on his DA Form 66 (Officer Qualification Record) does not show entitlement to the Purple Heart.  

9.  There is no evidence in the applicant’s personnel service records which shows that he was injured or treated for wounds as a result of hostile fire on
6 May 1970 in Vietnam.

10.  The applicant provided a copy of a Radiographic Report, dated 7 May 1970, which shows the entry “Fell on wrist” in the section for pertinent clinical history, operations, physical findings, and provisional diagnosis.  There is no evidence this injury was the result of hostile action.  

11.  The applicant’s records indicate that while serving as the pilot aboard a helicopter ambulance during a rescue mission on 9 June 1970 in Vietnam, enemy fire struck the helicopter causing an uncontrollable fire in the aircraft.  After successfully landing the aircraft, the crew exited and the helicopter exploded, killing the crew chief.  The applicant provided a copy of an Individual Sick Slip, dated 9 June 1970, which shows he sustained a leg injury due to a helicopter crash.  

12.  There are no orders in the applicant’s personnel service records which show he was awarded the Combat Medical Badge.  Records show the applicant served as a pilot while assigned to the 498th Medical Company in Vietnam. 

13.  The applicant’s Individual Flight Record and Flight Certificate for the period July 1973 through June 1974 shows the applicant flew 328 combat flight hours in Vietnam.

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

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.

16.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award.  There was no provision for making the award simply because an aircraft was struck by enemy fire. 

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he fell on his left wrist as he was rapidly exiting his helicopter which was damaged as a result of hostile fire on 6 May 1970 in Vietnam.  However, medical evidence of record, dated 7 May 1970, shows the entry “Fell on wrist”.  There is no evidence of record that this injury was the result of hostile action.  

2.  Medical evidence of record also shows the applicant sustained an injury to his left leg due to a helicopter crash on 9 June 1970.  Evidence of record shows that the helicopter was shot by enemy fire and ultimately blew up.  Therefore, the applicant is entitled to correction of his military records to show one award of the Purple Heart for wounds sustained as a result of hostile action on 9 June 1970 in Vietnam.  

3.  The applicant’s contention that he is entitled to the Combat Medical Badge was also noted by the Board.  However, evidence of record shows the applicant served as a pilot during his assignment in Vietnam, not as a member of the medical department assigned to an infantry unit of brigade or smaller size.  Therefore, the applicant is not entitled to correction of his military records to show award of the Combat Medical Badge.    

4.  The Board noted the applicant’s contention that he is entitled to 23 awards of the Air Medal, not 9 awards.  However, the applicant’s DD Form 214 shows 
10 awards of the Air Medal.

5.  Evidence of record shows the applicant flew 328 combat flight hours in Vietnam.  Therefore, the applicant is entitled to correction of his DD Form 214 to show 3 additional awards of the Air Medal, a total of 13 awards of the Air Medal.   
6.  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 with Numeral “13”.

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

BOARD VOTE:  

AMC___  ALR_____  JAM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Ann M. Campbell____
		        CHAIRPERSON

INDEX

CASE ID	AR2000047170	
SUFFIX		
RECON		
DATE BOARDED	20001205	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710401	
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0018	
3.	107.0113	
4.		
5.		
6.