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Decision Text

ARMY | BCMR | CY2001 | 2001055693C070420
Original file (2001055693C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 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:

Mr. Walter T. Morrison Chairperson
Mr. Ronald E. Blakely Member
Mr. Joe R. Schroeder 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.

4. The applicant’s military records show that he was inducted on 3 October 1966 and served as a field artilleryman in Vietnam. He was honorably separated to the US Army Reserve on 9 August 1968 in pay grade E-3.

5. Awards reflected on his DD Form 214 include the Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal, the National Defense Service Medal, the Combat Infantryman Badge, and the Sharpshooter Badge with rifle bar.

6. His records contain orders awarding him the Purple Heart as well as the original Purple Heart Certificate. The certificate indicates that he was awarded the Purple Heart for wounds received in action on 3 June 1968 in Vietnam.

7. A Battle Casualty Report, produced by The Department on the Army (Casualty Branch) on 6 June 1968 shows that the applicant had been slightly wounded in Vietnam on 3 June 1968 as a result of hostile action and that he was being treated in a hospital.

8. Department of the Army Pamphlet 672-3 shows the applicant’s unit, while he was assigned, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

9. AR 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.

10. 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 3 June 1968, which entitled him to the Purple Heart. He is therefore, also entitled to have it shown on his Separation Document.

2. The applicant’s unit was cited for the award of the Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, he is entitled to correction of his military records to show this award.

3. Additionally, since he was promoted to the grade of private first class in less than two years, received an honorable discharge and has no record of disciplinary action or time lost reflected in his record during his service from 3 October 1966 to 9 August 1968, 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 3 June 1968;

b. showing that he was awarded the Good Conduct Medal for the period of 3 October 1966 to 9 August 1968; and














c. showing that he was awarded the Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

__wtm__ ____reb _ ____jrs GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Walter T. Morrison ___
                  CHAIRPERSON




INDEX

CASE ID AR2001055693
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010814
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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