PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            4 May 2000
	DOCKET NUMBER:   AR1999033469

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful 		Chairperson	
	Mr. James P. Stueve		Member	
	Ms. Carol Jo Suiter		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 correction of his records to show award of the Purple Heart.

3.  The applicant states that the Purple Heart was not put on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4.  The applicant’s military records show that he served initially in an enlisted status.  On 1 July 1968, he accepted an appointment as a warrant officer after completion of rotary wing aviation training.  He served in Vietnam from 31 January 1969 to 25 July 1970 as an aviator.  The applicant was honorably discharged on 2 October 1970 from active duty and later served in the Hawaii Army National Guard.

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award and there are no orders in his service personnel records which authorize award of he Purple Heart to him.  However, the applicant’s flight records contain an award certificate which shows that he was awarded the Purple Heart on 22 July 1970 by the Commanding Officer of the 85th Evacuation Hospital for wounds sustained on 21 July 1970.  The Vietnam Casualty Roster confirms that the applicant was wounded in action on 21 July 1970.

6.  The applicant’s records show that he served in two units during his 18 months of service in Vietnam.  He served in Company A of the 158th Assault Helicopter Battalion from 31 January 1969 to 30 January 1970 and in the 2d Squadron of the 17th Cavalry from 31 January 1970 to 25 July 1970.

7.  The Board noted that the applicant’s DD Form 214 shows one award of the Air Medal with “V” Device, but that he was on flight status for approximately 18 months.  The applicant’s service personnel records contained 101st Airborne Division General Orders Number 1737, dated 11 February 1970, which awarded the applicant the second through fifteenth awards of the Air Medal for the period 14 February 1969 through 25 January 1970.

8.  There are no orders in the applicant’s records which show that he received additional awards of the Air Medal during his service in the 2d Squadron of the 17th Cavalry.  However, the applicant’s flight records show he completed 428 hours of combat missions between 1 February 1970 and 21 July 1970.

9.  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 that Company A of the 158th Assault Helicopter Battalion was cited, during the period of the applicant’s assignment, for award of the Presidential Unit Citation for actions from 10 to 21 May 1969 by Department of the Army General Orders Number 16, dated 1972.  This unit award is not shown on the applicant’s DD Form 214.
10.  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 that Company A of the 158th Assault Helicopter Battalion was cited, during the period of the applicant’s assignment, for award of the Valorous Unit Award for actions from 17 April 1969 to 7 May 1969 by Department of the Army General Orders Number 2, dated 1971.  This unit award is not shown on the applicant’s DD Form 214.

11.  While the applicant was assigned to the 2d Squadron of the 17th Cavalry, this unit was also cited for award of the Valorous Unit Award by Department of the Army General Orders Number 48, dated 1971, for actions from 7 December 1969 to 16 February 1970.  This is the applicant’s second award of the Valorous Unit Award and it is not listed on his DD Form 214.  Regulation provides that the second and succeeding awards of the Valorous Unit Award are denoted by award of a bronze oak leaf cluster.

12.  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 Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 43, dated 1970.  This unit award is not shown on the applicant’s DD Form 214.

13.  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.  This unit award is not shown on the applicant’s DD Form 214.

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.

15.  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.  Fifty Category II missions (armed and visual reconnaissance, and support immediately before, during and after combat assault operations) 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 and there was no provision for making the award simply because an aircraft was struck by enemy fire.

16.  Regulation provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

17.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

CONCLUSIONS:

1.  There are no orders which authorize award of the Purple Heart to the applicant.  However, the applicant’s records contain an award certificate for award of the Purple Heart for wounds sustained on 21 July 1970.  His wounds are also confirmed by the Vietnam Casualty Roster.  Therefore, the Board has determined that the award certificate is sufficient as a basis for award of the Purple Heart and the applicant’s records will be corrected to show award of the Purple Heart for wounds sustained in action on 21 July 1970.

2.  Orders confirm that the applicant received fifteen awards of the Air Medal and one award of the Air Medal with “V” Device for a total of 16 awards of the Air Medal, correctly known as the Air Medal with “V” Device and Numeral “16”. 

3.  Flight records confirm that the applicant performed 428 hours of Category II missions in Vietnam for which there are no apparent awards of the Air Medal.  Based on the number of hours and missions flown and the award criteria for the Air Medal in effect during the Vietnam conflict, the applicant is entitled to eight additional awards of the Air Medal for the period 1 February 1970 through 21 July 1970.  Therefore, the applicant is entitled to correction of his records to show award of the Air Medal with “V” Device and with Numeral “24”.

4.  Orders show the applicant is entitled to permanent wear of the Presidential Unit Citation, two awards of the Valorous Unit Award (correctly known as the Valorous Unit Award with one Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  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 be corrected by showing the individual concerned was awarded the Purple Heart for wounds sustained in Vietnam on 21 July 1970, the Air Medal with “V” Device and Numeral “24”, the Presidential Unit Citation, the Valorous Unit Award with one Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999033469	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000504	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19701002	
DISCHARGE AUTHORITY	AR 635-100	
DISCHARGE REASON	EARLY RETURN 	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER 	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.