PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  18 September 2001
	DOCKET NUMBER:  AR2001057132

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Melvin H. Meyer		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, on two separate applications, that he be awarded the Purple Heart for wounds he received on 16 and 17 February 1969, that he be awarded the Purple Heart or Air Medal for being wounded/injured on 5 May 1969, and any other medals.

3.  The applicant states that he was wounded by gunfire during combat in Vietnam on 16 February 1969, and that shell fragments remain in his left ankle.
He also states that he was wounded on 5 May 1969, and that he was not awarded the Purple Heart or the Air Medal.  He further states that his helicopter was shot down by enemy fire, that he heard shots being fired as he went up the ladder, and that this incident occurred during ground combat in Vietnam 
on 5 May 1969.  In support of his application he submits a copy of his DD Form 214 (Report of Transfer or Discharge) and a copy of his VA From 21-6782 (Original Disability Compensation).

4. The applicant's military records show he enlisted on 14 March 1967 as a light weapons infantryman (11B).  He served in Vietnam from 8 December 1968 to 7 December 1969 and was released from active duty on 8 December 1969 under the provisions of Army Regulation 635-200, chapter 5, due to early release of oversea returnees.  He was transferred to the US Army Reserve Control Group (Reinforcement).

5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Vietnam Campaign Medal, the Army Commendation Medal, the Bronze Star Medal, and two Overseas Service Bars.  

6.  The applicant’s DD Form 214 does not show any awards of the Purple Heart or Air Medal as authorized awards.

7.  There is no evidence in the available records which show that the applicant was awarded the Purple Heart.  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).

8.  The applicant provided a copy of his VA Form 21-6782 which shows that he was granted a service-connected disability for his left leg.  There also is no indication in the available records to show that his service-connected disability for his left leg was the result of hostile action.  

9.  The applicant’s records contain a copy of his Standard Form 89 (Report of Medical History) which shows the entry MFW (metal fragment wound) to foot 
and the entry “frag in l. ankle” (fragment in left ankle). 

10.  The applicant’s records contain a copy of Headquarters, 101st Airborne Division General Orders Number 6516, dated 9 June 1969, which awarded the applicant the Bronze Star Medal with “V” Device for heroism in ground combat against a hostile force in the Republic of Vietnam on 16 February 1969.  The citation stated that the applicant immediately left the small perimeter in search of another soldier, even though the presence of the enemy a few yards away presented an extreme danger.  When the applicant found the injured soldier, he immediately began to administer first aid.  While doing so, he was hit in the foot, and disregarded his own safety, and placed his body over the injured soldier to protect him from enemy fire.

11.  There are no flight hours recorded in the applicant’s personnel records.  There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal. 

12.  Informal coordination with the Awards Branch of the Total Army Personnel Command revealed that the applicant’s name did not appear on the Vietnam Casualty Roster for a wound on 16 February or 5 May 1969.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Valorous Unit Award by Department of the Army General Orders Number 48, dated 1971.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 43, dated 1970.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

16.  Review of the available records does not reveal that he was recommended for or entitled to any other awards or decorations.

17.  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.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly: for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

19.  U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  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.

CONCLUSIONS:

1.  The applicant’s Bronze Star Medal with “V” Device orders show that he was hit in the foot during ground combat by enemy fire on 16 February 1969.  His Standard Form 89 shows that he received a metal fragment wound to his foot and a fragment wound to his left ankle while serving in Vietnam.  

2.  Notwithstanding the absence of casualty reports or medical treatment records
for his wounds on 16 February 1969, the additional evidence contained in the applicant’s records is considered adequate to grant the award of the Purple Heart.  Therefore, he is entitled to correction of his records to show the award of the Purple Heart.

3.  The Board notes the applicant’s contentions that his helicopter was shot down by enemy fire, that he heard shots being fired as he went up the ladder, and that this incident occurred in Vietnam during ground combat on 5 May 1969.  However, there is no evidence in the available record, and the applicant has provided no evidence, which shows that he was injured or wounded due to hostile action on 5 May 1969.  Therefore, he is not entitled to any additional awards of the Purple Heart.

4.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for, awarded, or otherwise qualified for award of the Air Medal.  Therefore, he is not entitled to this award.

5.  The Board notes that the applicant was awarded the Bronze Star Medal with “V” Device; however, his DD Form 214 shows the Bronze Star Medal which is incorrect.  Therefore, he is entitled to correction of his records to show that he was awarded the Bronze Star Medal with “V” Device.

6.  The applicant was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his records to show these awards.

7.  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 for the individual concerned be corrected by showing that he was awarded the Purple Heart for wounds sustained on 16 February 1969, the Bronze Star Medal with “V” Device, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

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

BOARD VOTE:  

__jl____  __kh____  __mm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2001057132	
SUFFIX		
RECON		
DATE BOARDED	20010918	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19681208	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT/DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  46		
3.		
4.		
5.		
6.