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Decision Text

ARMY | BCMR | CY2001 | 2001056095C070420
Original file (2001056095C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 30 AUGUST 2001
         DOCKET NUMBER: AR2001056095


         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. Raymond V. O’Connor Chairperson
Mr. Christopher J. Prosser Member
Ms. Linda D. Simmons 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 records be corrected to reflect award of the Purple Heart. He states he was not aware that he had received the award until he was recently informed of the fact by an official at his VA hospital. He notes that he was wounded in combat while in Vietnam.

3. Records indicate the applicant served on active duty between July 1969 and July 1971 and was assigned to Vietnam as a scout observer/driver between January 1970 and December 1970. Information contained on the Vietnam Casualty Roster confirms that the applicant was lightly wounded in action on
30 May 1970. Although there is no evidence the applicant was ever awarded the Purple Heart his records do contain an unsigned DD Form 215 (Correction to DD Form 214, Report of Separation from Active Duty) indicating his 1971 discharge document was being corrected to reflect award of the Purple Heart.

CONCLUSIONS:

1. Evidence confirms the applicant was wounded as a result of hostile action on
30 May 1970 and as such is entitled to the Purple Heart. The Board concludes that it would be appropriate and in the interest of justice to issue documents, including an authenticated DD Form 215, to confirm his entitlement to the award.

2. 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:

a. by awarding the individual concerned the Purple Heart for wounds sustained on 30 May 1970 as a result of hostile action while in Vietnam; and

b. by issuing appropriate documents, including an authenticated DD Form 215, to confirm entitlement to the award.

BOARD VOTE:

__RVO__ __CJP __ __LDS __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION


                  __Raymond V. O’Connor _
                  CHAIRPERSON



INDEX

CASE ID AR2001056095
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010830
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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