PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  7 August 2001
	DOCKET NUMBER:  AR2001055878

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Thomas B. Redfern		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 DD Form 214 (Report of Transfer or Discharge) be corrected to show that he was awarded the Combat Infantryman Badge (CIB); to change Sharpshooter M-14 to show Expert M-14; and that he be awarded a Purple Heart.

3.  The applicant states he was on a mission in Vietnam, was in a helicopter crash, and was injured.  He was not given a Purple Heart.

4.  The applicant’s military records show that he was inducted into the Army of the United States on 17 January 1968.  After completing training as an infantryman, he was assigned in Vietnam to Company A, 2nd Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile), as a rifleman.  He was awarded the CIB on 25 September 1968 by Special Orders Number 269, issued by Headquarters, 1st Cavalry Division (Airmobile).  He advanced through the ranks and was promoted to Sergeant, pay grade E-5, 20 April 1969.  On 19 July 1969, he was reassigned to Fort Dix as a drill sergeant.  On 16 January 1970, he was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) at the expiration of the two year term of active duty.  He was discharged from the USAR on 1 January 1974 at the completion of his service obligation.

5.  His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Sharpshooter Qualification Badge for Rifle M-14, the Bronze Star Medal (BSM), and the Air Medal.  He was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period June to October 1968.  He was awarded the BSM for meritorious service, not involving participation in aerial flight, in connection with military operations against a hostile force in the Republic of Vietnam for the period June 1968 to June 1969.  His DA Form 20 (Enlisted Qualification Record - PQR) shows that he participated in three campaigns in Vietnam, that he was also awarded the Republic of Vietnam Campaign Medal with 60 device, and one Overseas Service Bar.

6.  There is no record of award of the Purple Heart or of a wounding warranting such award.  On his separation Report of Medical History, Standard Form 89, the applicant wrote in response to the question, “Have you ever had any illness or injury other than those already noted? - Vietnam, wreck in helicopter injury of left leg."  The examining doctor made no note or comment about this item.

7.  Award of the Purple Heart, according to AR 600-8-22, is made to soldiers wounded, injured, or killed from an outside force or agent as a result of an action against an enemy or an act of any such enemy.  Wounds or injuries as a result of 

accidents, to include explosive, aircraft, vehicular and other accidental wounds not caused by enemy action, do not qualify for award of the Purple Heart.

8.  Orders in the applicant’s record show that he was awarded the following marksmanship badges:  Expert with Rifle Bar M-14 on 2 March 1968, Sharpshooter with Auto Rifle Bar M-16 on 12 April 1968, and Sharpshooter with Rifle Bar M-16 on 12 September 1969.

CONCLUSIONS:

1.  There is no evidence to justify award of the Purple Heart.

2.  Only the most recent marksmanship award is posted on the DA Form 20, PQR, and the DD Form 214.  There is no distinction on the marksmanship medal rifle bar for the different model of rifle, M14 or M16.  There is and was no qualification course for M-16 as an Auto Rifle.  Therefore, the DD Form 214 should show award of the most recent rifle marksmanship badge, the Sharpshooter with Rifle Bar, awarded on 12 September 1969.

3.  The DD Form 214 should be corrected to add and show that the applicant was award of the CIB, the Vietnam Service Medal with 3 Bronze Service Stars, the Republic of Vietnam Campaign Medal with 60 device, and one Overseas Service Bar.

4.  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 for the individual concerned by issuing a DD Form 215 (Correction of a DD Form 214) showing:

	a.  that he was awarded the Sharpshooter with Rifle Bar; and 

b.  that he was awarded the CIB, the Vietnam Service Medal with 
3 Bronze Service Stars, the Republic of Vietnam Campaign Medal with 60 device, and one Overseas Service Bar.

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

BOARD VOTE:  

__mp___  ___rs___  __tr___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR2001055878	
SUFFIX		
RECON		
DATE BOARDED	20010807	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	PART	
REVIEW AUTHORITY		
ISSUES         1.	107 – Decorations and Awards	
2.		
3.		
4.		
5.		
6.