PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            22 December 1999                  
	DOCKET NUMBER:    AR1999032127

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, Jr.		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 two awards of the Air Medal (correctly known as the Air Medal with Numeral 2), the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four awards of the Purple Heart (correctly known as the Purple Heart with three Oak Leaf Clusters).  

3.  The applicant states, in effect, that his 201 file shows two awards of the Air Medal, but one entry is lined out.  He states that it is an error and he is entitled to the second award of the Air Medal for his work with the 173rd Airborne Brigade.  He also contends that he is entitled the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four awards of the Purple Heart for two shrapnel wounds (left arm and left leg), a machine gun burn to his left arm and hand burns.  In support of his application, he submits DA Form 1577 (Authorization for Issuance of Awards), dated 11 August 1999; a personal account of a burn injury he sustained to his hands on 2 December 1967 in Vietnam; three VA Forms 21-4138 (Statement in Support of Claim) which are eyewitness statements from the same fellow soldier; VA documentation; and copies of his personnel records.   

4.  The American Legion, as counsel for the applicant, supports the applicant’s requests for the aforementioned awards.  Counsel noted the applicant’s service in Vietnam and the various decorations to which he is entitled and pointed out that the applicant submitted a statement from a member of his unit while serving in Vietnam who attests to the wounds received by the applicant.  Counsel also noted that the applicant submitted records from the VA indicating that he has been granted service connection for hearing loss due to acoustic trauma following an explosion while serving in Vietnam.  

5.  The applicant’s military records show that he was inducted on 29 September 1966.  He served as an infantryman and armor intelligence specialist in Vietnam from 22 September 1967 to 27 August 1968 and was honorably discharged on 28 August 1968. 

6.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Air Medal with Numeral 2, the Republic of Vietnam Gallantry Cross with Palm Unit Citation or the Purple Heart with three Oak Leaf Clusters as authorized awards.    

7.  The applicant’s DD Form 214 shows one award of the Air Medal.  Item
41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he was awarded the Air Medal by Headquarters,
1st Cavalry Division (Airmobile) General Orders Number 1135.  The DA Form
20 also shows the entry “Air Medal GO#1901 Hqs 173d Abn Bde” [General Orders Number 1901, Headquarters 173d Airborne Brigade] which has been crossed out.  However, Headquarters 173d Airborne Brigade General Orders Number 1901 shows an individual with the same last name as the applicant was awarded the Air Medal.  The applicant’s name is not listed on the orders. There are no flight hours recorded in the applicant’s personnel records.  There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded additional awards of the Air Medal.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation based on Department of the Army General Order Number 51, dated 1971.

9.  The applicant’s personnel records show that on 27 August 1968 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record), which was authenticated in his own hand on 23 August 1968, does not reflect entitlement to any award of 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.

10.  The applicant provided a copy of his initial VA Rating Decision, dated
2 September 1998, which states that there is no indication of any scars on either the left arm or left leg on the applicant’s separation examination, that there are no clinical notes to show treatment of shrapnel wounds and there is no evidence of any embedded fragments in the scar area.

11.  The applicant provided three eyewitness statements, all dated 16 April 1999, by the same fellow soldier wherein he attested that the applicant sustained an ear injury when his vehicle hit a land mine in January 1968; that he sustained shrapnel wounds to his left arm and left leg in combat during January 1968; and that the applicant sustained a burn to his arm from his machine gun during a firefight in March 1968.     

12.  Upon submission of these statements from the eyewitness to the VA, the applicant’s claim was reopened on 28 April 1999 and service connection was granted for scar, residual of shell fragment wound, upper left arm with 0 percent; and scar, residuals of shell fragment wound, left leg with 0 percent. 

13.  Army Regulation 600-8-22 (Military Awards) 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.

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

CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the Air Medal.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was awarded additional awards of the Air Medal.  Therefore, he is not entitled to correction of his military records to show additional awards of the Air Medal. 

2.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  Notwithstanding the eyewitness statements attesting that the applicant sustained wounds in January and March 1968 in Vietnam, there is no evidence of record available to the Board which shows he was wounded or treated for wounds sustained by hostile action in Vietnam.

4.  The Board noted that the VA granted service connection for scar residuals of shell fragment wounds to the applicant’s upper left arm and left leg based on the eyewitness statements.  However, the Board determined this is not sufficient as a basis for award of the Purple Heart.

5.  Evidence of record shows the applicant signed his DD Form 214 and DA Form 20 attesting to the fact he was not entitled to any award of the Purple Heart.

6.  The preponderance of evidence in this case shows he was not wounded or otherwise entitled to any award of the Purple Heart.  Therefore, he is not entitled to correction of his military records to show the Purple Heart with three Oak Leaf Clusters.

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 be corrected by showing that the individual concerned was awarded 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:  

RVO____  AAO____  EWL_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999032127	
SUFFIX		
RECON		
DATE BOARDED	19991222	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680828	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5  	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0018	
2.	107.0094	
3.	107.0015	
4.		
5.		
6.