PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 October 2002
	DOCKET NUMBER:   AR202076409

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, 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 that he be awarded the Purple Heart.

3.  The applicant states that he incurred a gunshot wound to the left foot while in Vietnam.  He provides a copy of a 15 December 1977 Veterans Administration Board of Veterans Appeals action as supporting evidence.  

4.  The applicant’s military records show that he enlisted in the Regular Army on 22 April 1970.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).

5.  The applicant arrived in Vietnam and was assigned to B Troop, 3d Squadron, 17th Air Cavalry on 18 October 1970 as an OH-6A helicopter repairman and crew chief.  

6.  A later medical evaluation board (MEB) Narrative Summary indicated the applicant sustained a perforating gunshot wound to the left foot while serving as a helicopter crewman in December 1971.  The wound underwent debridement on the day of injury and subsequent delayed primary closure.  Treatment was performed in country and he was returned to combat.  At a formal physical evaluation board (PEB) hearing, he stated that he was flying on an aerial reconnaissance mission when they were engaged in enemy fire.  During that contact he received a small caliber wound in his left foot.

7.  On 1 March 1972, the applicant was transferred to F Troop, 4th Air Cavalry.  He departed Vietnam on 10 May 1972 after being credited with four campaigns.

8.  On 18 November 1975, a formal PEB found the applicant to be unfit for duty as a result of a foot injury manifested by pain on motion, secondary to traumatic arthritis, from an old gunshot wound (20 percent) and for a tender and painful superficial scar on his left foot secondary to an old gunshot wound (10 percent). On 24 November 1975, the U. S. Army Physical Disability Agency approved    the PEB findings contingent upon a favorable line-of-duty determination.  On       2 December 1975, a line of duty determination found the applicant's injury incurred in December 1971 in Vietnam to have been incurred in line of duty.

9.  On 5 January 1976, the applicant was medically retired.  His Report of Separation from Active Duty, DD Form 214, shows he was awarded the National Defense Service Medal, the Army Commendation Medal, the Distinguished Flying Cross, the Bronze Star Medal, the Air Medal (19th award), the Army Good 

Conduct Medal, the Republic of Vietnam Service Medal, the Aircraft Crewman Badge, the Republic of Vietnam Campaign Ribbon with 60 device, and 3 overseas bars.

10.  Army Regulation 600-8-22 provides for award of the Purple Heart 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 by a medical officer, and the medical treatment must have been made a matter of official record.  It provides for the wear of one bronze service star on the appropriate service medal for each credited campaign.

11.  Department of the Army Pamphlet 672-3 shows that B Troop, 3d Squadron, 17th Air Cavalry was awarded the Republic of Vietnam Gallantry Cross with  Palm Unit Citation for the periods 21 February 1970 - 28 February 1971,           27 March - 19 May 1971, and 26 September - 10 October 1971.  It states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation badge are not authorized, official military personnel and historical records will indicate all awards received.

CONCLUSIONS:

1.  There is sufficient evidence of record to show the applicant was wounded as a result of hostile action in December 1971 and therefore meets the eligibility criteria for award of the Purple Heart.

2.  The applicant meets the eligibility criteria to wear four bronze service stars on the Vietnam Service Medal.

3.  The applicant was assigned to a unit during a period of time that unit was awarded three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Although only one Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn, all three should be added to his DD Form 214.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the applicant the Purple Heart for wounds received in December 1971.

2.  That the applicant's DD Form 214 be amended to delete the Republic of Vietnam Service Medal and to add the Purple Heart, the Vietnam Service Medal with three bronze service stars, and three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

__FNE__  __SLP__  _ _EJA__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred N. Eichorn__
		     CHAIRPERSON

INDEX

CASE ID	AR2002076409	
SUFFIX		
RECON		
DATE BOARDED	2002/10/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.