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Decision Text

ARMY | BCMR | CY1996 | 9608424C070209
Original file (9608424C070209.txt) Auto-classification: Approved
2.  In effect, the applicant requests award of the Purple Heart, the Army Commendation Medal, the Combat Infantryman Badge, and two other awards (unspecified), in addition to those awards he received as shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests that his DD Form 214 be changed to show that he had the equivalency of a high school education.  

3.  The applicant states that while in Vietnam, he was wounded behind the right knee, in the front left thigh, and suffered hearing loss because of a mine explosion.  He states that he completed a general educational development (GED) program in Vietnam and was given the equivalency of a 12th grade education.

4.  The applicant entered the Army on 28 May 1969.  His record at the time of induction indicates that the applicant was born in 1951 and completed his formal education in 1965.
  
5.  The applicant was trained as an infantryman and was awarded the Sharpshooter Badge with rifle bar.  In November 1969 he was assigned to an infantry battalion in Vietnam, where he was promoted to pay grade E-4, and awarded the Army Commendation Medal and the Combat Infantryman Badge.  The unit to which he was assigned during his tour was awarded the Republic of Vietnam Cross of Gallantry with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  The applicant participated in three campaigns.  He returned to the United States in November 1970 and was assigned to Fort Hood, Texas.
 
6.  On 9 June 1971 the applicant was discharged for the good of the service under conditions other than honorable.  A 
25 May 1971 report of medical examination does not indicate that the applicant had been wounded.  He was medically qualified for discharge with a physical profile of 1 1 1 2 1 1. In the report of medical history he furnished for the examination, the applicant did not indicate that he had been wounded.  He stated that he was in good health.  The applicant had 1 year and 8 months service and 145 days of lost time.  His DD Form 214 shows that he was awarded the Vietnam Service Medal, Vietnam Campaign Medal with device (1960), and the Army Commendation Medal.  That form also shows that he attended the Leachville Junior High School in Leachville, Arkansas - 7 years - 1965. That form does not show that he was awarded the Purple Heart Medal.

7.  The applicant’s DA Form 20 (Enlisted Qualification Record) does not show award of the Purple Heart Medal, nor does it indicate any wounds received.
  
8.  On 18 December 1980 the applicant’s discharge was upgraded to general by the Army Discharge Review Board.  

9.  VA medical records show that the applicant was seen and examined by VA medical personnel on numerous occasions, dating from as early as 1977.  At various times the applicant commented on his combat experience in Vietnam, but made no mention of being wounded.  However, in a 23 December 1993 VA report on the applicant’s social history, in which he sought readjustment counseling for post traumatic stress disorder and physical problems, he stated that he had been wounded by shrapnel in the back of his right leg from a mine explosion, and was later treated at an aid station.

10.  Army Regulation 600-8-22 provides 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.

CONCLUSIONS:

1.  The applicant is entitled to award of the Sharpshooter Badge with rifle bar, the Combat Infantryman Badge, the Republic of Vietnam Cross of Gallantry with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, in addition to those awards shown on his DD Form 214. 

2.  The applicant participated in three campaigns in Vietnam and is entitled to the Vietnam Service Medal with three bronze service stars.
3.  The applicant is not entitled to award of the Purple Heart Medal.  There is no evidence of record that the applicant was wounded as a result of hostile action.

4.  The applicant’s DD Form 214 should not be changed to show that he has the equivalency of a high school education. There is no evidence of record to indicate that he completed a GED program.  

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Sharpshooter Badge with rifle bar, the Combat Infantryman Badge, the Republic of Vietnam Cross of Gallantry with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Service Medal with three bronze service stars.

2.  That so much of the application as in excess of the foregoing be denied.
           
BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

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