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Decision Text

ARMY | BCMR | CY2001 | 2001055124C070420
Original file (2001055124C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 31 JULY 2001
         DOCKET NUMBER: AR2001055124


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Arthur A. Omartian Member
Mr. John T. Meixell 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, that his military records be corrected to show that he was “injured” while in Vietnam and treated at an Army hospital in Japan. He also notes that he was recommended for a “combat medal” prior to his departure from Vietnam but the award was omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He submits no evidence in support of his request. The applicant also requests a list of the names of “men deceased in [his] battalion.” The Board does not have such information and as such is unable to provide the applicant with that information.

3. Records available to the Board indicate the applicant entered active duty on
4 June 1965 and successfully completed training as an infantryman. In July 1965, while undergoing training, the applicant was awarded a Sharpshooter Qualification Badge with “rifle” bar which was omitted from his 1968 DD Form 214. Following an initial assignment at Fort Bragg, North Carolina the applicant was transferred to Vietnam in December 1967 where he was assigned to the 4th Aviation Battalion of the 4th Infantry Division.

4. According to a medical consultation sheet, dated 6 July 1967, the applicant was seen by medical personnel concerning treatment for a peptic ulcer. The record indicated the applicant had symptoms of a peptic ulcer since December 1965, received a profile, and following his assignment to Vietnam “presented with complaints of epigastric pains.” He was placed on medication and removed from his job as a pathfinder to a “sedentary position in the base camp area.” His symptoms returned and in July 1967 he was evacuated to the 7th Field Hospital in Japan where he remained until he was returned to his duties in Vietnam in September 1967.

5. Just prior to the applicant’s departure from Vietnam, in December 1967, he was awarded an Army Commendation Medal for meritorious service during the period December 1966 to December 1967. That award is confirmed in orders and appears as an authorized decoration on his DD Form 214.

6. The applicant returned to the United States in December 1967 and completed his enlistment contract at Fort Bragg. He was awarded an Army Good Conduct Medal in May 1968 recognizing his “exemplary behavior, efficiency, and fidelity” during the period 4 June 1965 through 3 June 1968. That award, however, was not recorded on his DD Form 214.

7. On 3 June 1968 the applicant was released from active duty with an honorable characterization of service. His DD Form 214 reflects entitlement to the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal,



Vietnam Campaign Medal, and Army Commendation Medal. Item 40 (wounds) on his DA Form 20 (enlisted qualification record) is blank.

8. Subsequent to the applicant’s separation he initiated a claim for disability compensation from the VA. In that application he indicated that he had sustained a “gunshot wound” to his right leg and was treated for a “nervous condition” at a hospital in Japan in 1967.

9. A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (4th Aviation Battalion) was credited with participating in two designated campaigns (Vietnam Counteroffensive Phase II and Phase III) during the applicant’s period of assignment. His participation in campaign periods should be recognized by bronze service stars attached to his Vietnam Service Medal. His unit was also awarded a Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal Unit Citation.

CONCLUSIONS:

1. While the evidence confirms the applicant was treated for an ulcer in 1967 there is no evidence, and the applicant has not provided any, that he was injured or wounded during his tour of duty in Vietnam and accordingly there is no basis to correct his record.

2. Additionally, the Board notes that although the applicant was awarded an Army Commendation Medal based on his meritorious service while in Vietnam, there is no evidence that he was ever recommended for, or awarded, any “combat” decoration.

3. The evidence does, however, confirm that the applicant was awarded the Sharpshooter Badge with “rifle” bar and the Army Good Conduct Medal. His records should be corrected accordingly.

4. The evidence also confirms the applicant is entitled to two bronze service stars on his Vietnam Service Medal, a Meritorious Unit Commendation, a Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal Unit Citation.

5. 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:

a. by showing that the individual concerned was awarded a Sharpshooter Badge with “rifle” bar and an Army Good Conduct Medal; and

b. by showing that he is entitled to two bronze service stars on his Vietnam Service Medal, a Meritorious Unit Commendation, a Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal Unit Citation.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__WTM__ __AAO__ __JTM __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Walter T. Morrison _
                  CHAIRPERSON




INDEX

CASE ID AR2001055124
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010731
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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