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ARMY | BCMR | CY2001 | 2001053605C070420
Original file (2001053605C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 August 2001
         DOCKET NUMBER: AR2001053605


         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. Walter Avery, Jr. Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Thomas B. Redfern 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 that his DD Form 214, Report of Transfer or Discharge, be corrected to show that he was awarded the Purple Heart.

3. The applicant states that his DD Form 214 does not show that he was awarded a Purple Heart on 8 June 1971.

4. In support of his request, he submits a copy of a Purple Heart Certificate showing that he was awarded the Purple Heart for wounds received on 8 June 1971.

5. The applicant’s military records show that he was inducted on 23 September 1970 and served as an indirect fire crewman (infantry) in Vietnam from 6 March 1971 to 2 December 1971 while assigned to companies of the 5th Cavalry Regiment and the 187th Infantry Brigade. He was honorably separated to the US Army Reserve on 23 March 1972 in pay grade E-4.

6. Awards reflected on his DD Form 214 include the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Vietnam Campaign Medal with Device (1960), the Bronze Star Medal and the Expert Badge with rifle bar.

7. Casualty files of the Department of the Army Adjutant General’s Office record that the applicant was wounded by hostile fire on 8 June 1971.

8. AR 600-8-22, Military Awards, provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

9. The same regulation provides that the Good Conduct Medal is awarded to soldiers who distinguish themselves by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service. For the first award only, upon termination of service on or after 27 June 1950 of less than three years but more than one year.

CONCLUSIONS:

1. The evidence of record clearly establishes that the applicant was wounded as a result of hostile action in Vietnam on 8 June 1971, which entitles him to the Purple Heart. He is therefore, entitled to have it shown on his Separation Document.




2. The record also show that the applicant’s primary military occupational specialty was infantryman and that he served in an infantryman duty position in an infantry unit of brigade or smaller size in Vietnam and was awarded the Purple Heart for wounds suffered during that time. Therefore, the Board is of the opinion that the applicant is entitled to award of the CIB.

3. Additionally, since he was promoted to the grade of specialist in less than two years, received an honorable discharge and there is no record of disciplinary action or time lost during his service from 23 September 1970 to 23 March 1972, he apparently was qualified for but never awarded the Good Conduct Medal. It would be appropriate therefore to add this award to those shown on his Separation Document.

4. 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:

a. showing that the individual concerned was awarded the Purple Heart for wounds suffered in Vietnam on 8 June 1971; and

b. showing that he was awarded the CIB, and the Good Conduct Medal for the period of 23 September 1970 to 23 March 1972.

BOARD VOTE:

__mkp __ ___tbr___ ____rks _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ________Margaret K. Patterson_____
                  CHAIRPERSON




INDEX

CASE ID AR2001053605
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010807
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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