PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:             21 August 2003
	DOCKET NUMBER:    AR2003087327

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone 		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Regan K. Smith		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, that his separation document (DD Form 214) be corrected to include the Purple Heart (PH) and all other awards and decorations to which he is entitled. 

3.  The applicant states, in effect, that he was never presented any of the awards and decorations that he earned during his tenure on active duty.  In support of his application, he submits a copy of his 15 November 1967 DD Form 214 and a letter request for orders awarding him the PH, dated  31 July 1969.  

4.  The applicant’s military records show that he was inducted into the Army and entered active duty on 8 November 1967.  On 15 November 1967, he was honorably discharged for the purpose of immediate enlistment in the Regular Army (RA).  On 16 November 1967, he enlisted in the RA for three years.  He was trained and served in military occupational specialty (MOS) 67U (Helicopter Mechanic).  

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that
he served in the Republic of Vietnam (RVN) from 13 December 1968 to 
4 May 1969, and again from 27 November 1969 to 6 November 1970.  It also shows that during both tours in the RVN, he was assigned to Company C, 
159th Aviation Battalion (Airmobile), and performed duties in MOS 67U.  Block 40 (Wounds) is blank and contains no entry that indicates he was wounded in action..

6.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any derogatory information or of a disqualification by any of the active duty unit commanders for whom the applicant served that would prohibit him from receiving the Army Good Conduct Medal (AGCM).

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s 8 November 1970 DD Form 214 lists the following awards:  Bronze Star Medal; Air Medal; Army Commendation Medal; National Defense Service Medal; Vietnam Service Medal; and Republic of Vietnam Campaign Medal with 60 Device.  

8.  The applicant’s MPRJ contains a copy of General Orders Number 14446, dated 5 December 1969, issued by Headquarters, 101st Airborne Division (Airmobile), RVN, which awarded him the second through sixth awards of the AM, for meritorious achievement while participating in aerial flight while serving in the RVN from 11 February 1969 to 20 April 1969.  The record also includes a copy of General Orders Number 10521, dated 3 September 1970, issued by Headquarters, 101st Airborne Division (Airmobile), RVN.  These orders awarded him the AM with Valor (“V”) Device, for heroism in connection with military operations against a hostile force on 23 July 1970.   
9.  The applicant’s MPRJ also contains a copy of Special Order 97, dated 16 May 1968, issued by Headquarters, US Army Transportation School, Fort Eustis, Virginia, which awarded him the Aircraft Crewman Badge.  

10.  The 31 July 1969 letter provided by the applicant is addressed to the commanding officer of the Medical Holding Company, Walter Reed Army Medical Center (WRAMC), Washington, D.C. from the Assistant Adjutant of the applicant’s unit.  It requests that general orders be published awarding the applicant the PH for an injury he received to his right leg from hostile ground fire on 20 April 1969, which resulted in his medical evacuation to WRAMC on 4 May 1969.  

11.  The Department of the Army (DA) Vietnam Casualty Roster includes the applicant’s name, and confirms that he was wounded in action while serving in the RVN on 20 April 1969.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force.  A wound is defined as an injury to any part of the body from an outside force or agent while engaged in action against the enemy.  

13.  Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN.  Table B-1 lists all campaigns, service requirements, and inscriptions for streamers.  It confirms that during the period the applicant was assigned to the RVN, campaign participation credit was granted for the following five campaigns: Vietnam Counteroffensive Phase VI; TET 69 Counteroffensive; Vietnam 
Winter-Spring 1970; DA Sanctuary Counteroffensive; and Vietnam Counteroffensive Phase VII. 

14.  Chapter 4 of the awards regulation provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The normal qualifying period is 3 years.  There is no automatic entitlement to the AGCM; however, disqualification must be justified.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This document confirms that while the applicant was assigned to the unit (Company C, 159th Aviation Battalion (Airmobile), it earned the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should be awarded the PH and it finds this claim has merit.  By regulation, in order to award the PH an individual must have sustained a wound or injury in action, the wound or injury for which the award is being made must have been treated by military medical personnel, and a record of this treatment must have been made a matter of official record.  

2.  The DA Vietnam Casualty Roster confirms that the applicant was wounded in action while serving in the RVN on 20 April 1969.  This coupled with the fact he was medically evacuated from the RVN to WRAMC for treatment of this wound and the unit requested a copy of PH award orders more than satisfies the regulatory criteria necessary to support award of the PH in this case.  Therefore, the Board concludes it would be appropriate to award the applicant the PH at this time.  

3.  Lacking any derogatory information on file and/or a specific disqualifying action from any of his active duty unit commanders, which would preclude him from receiving the AGCM, the Board concludes that the applicant served a qualifying period of service that entitles him to receive the first award of the AGCM.  Therefore, the Board also concludes that it would be appropriate to add this award to his record at this time. 

4.  In addition, the record confirms the applicant earned the AM (6th Award) with “V” Device and the Aircraft Crewman Badge, which were not included in the list of awards contained in his 8 November 1970 DD Form 214.  Thus, the Board finds that these awards should be added to his record at this time. 

5.  Further, the applicant’s record confirms that during his assignment tenure in the RVN, he participated in 5 campaigns, which entitles him to 5 bronze service stars with his Vietnam Service Medal.  In addition, he is entitled to the following awards that were earned by his unit during the period he was assigned:  Valorous Unit Award; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  As a result, the Board concludes that these awards should also be added to his record at this time. 

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by awarding him the Purple Heart, for being wounded in action on 20 April 1969, while serving as a specialist five in the RVN; by awarding him the first award of the Army Good Conduct Medal for his qualifying period of honorable service from 8 November 1967 to 7 November 1970; by showing he earned the Air Medal (6th Award) with “V” Device, Aircraft Crewman Badge, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and that he is entitled to 5 bronze service stars with his Vietnam Service Medal; and by providing him a corrected separation document that includes these awards.  

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

_ ___  __ ___  	DENY APPLICATION

		  John N. Slone
		CHAIRPERSON

INDEX

CASE ID	AR2003087327	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1. 61	107.0015	
2.		
3.		
4.		
5.		
6.