PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 May 2002        
	DOCKET NUMBER:   AR2002069419

	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. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Thomas Lanyi		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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart and the Aircraft Crew Member Badge.

3.  The applicant states that these medals are not present on his DD Form 214.  In support of his application, he submits a copy of his DD Form 214.

4.  The applicant’s military records show that he was inducted on 11 September 1969.  He served as a helicopter repairman in Vietnam from 27 June 1970 through 19 May 1971 and was honorably released on 24 May 1971.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart or the Aircraft Crew Member Badge as authorized awards.

6.  There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action

7.  His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant’s name does not appear on the Vietnam Casualty Roster.

8.  Evidence of record shows that on 24 May 1971 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action. 

9.  The applicant’s records show that he completed advanced individual training in military occupational specialty (MOS) 67N (UH-1 helicopter repairman). 

10.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

11.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he served in Vietnam from 
27 June 1970 through 19 May 1971 and participated in two campaigns (DA Sanctuary Counteroffensive, 1 May 1970 to 30 June 1970; and Vietnam Counteroffensive Phase VII, 1 July 1970 to 30 June 1971).  

12.  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 52, dated 1971.
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.  Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal advanced individual training in career management field 67 MOS’s.

15.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

16.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action in Vietnam.  Therefore, the Board determined that there was no evidence on which to base award of the Purple Heart in this case.   

2.  The applicant completed advanced individual training in MOS 67N.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Aircraft Crew Member Badge. 

3.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 11 September 1969 through 24 May 1971 ending with termination of a period of Federal military service.  Therefore, his records should be corrected to show this medal.

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.   
5.  The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation. 

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 Aircraft Crew Member Badge, the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars 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:  

JLP___  BJE_____  TL______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Jennifer L. Prater____
		        CHAIRPERSON

INDEX

CASE ID	AR2002069419	
SUFFIX		
RECON		
DATE BOARDED	20020521	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0118	
3.		
4.		
5.		
6.