Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001056658C070420
Original file (2001056658C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 07 AUGUST 2001
         DOCKET NUMBER: AR2001056658


         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. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Thomas B. Redfern III 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 he be awarded the medals that he is entitled to, including the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation (PUC), the Valorous Unit Award (VUA), the Republic of Vietnam Civil Actions Honor Medal First Class, and the Purple Heart.

3. The applicant states that he never received all his medals when he departed Vietnam. He stated that he was wounded while firing at the Viet Cong one night when a shell went off close to his face, leaving his eyes “flash burned” and his ears ringing. His ears became infected and the ringing continued for almost two weeks. He also stated that while he was on guard duty a shell went off over his head and fragments hit his forehead, causing a cut. He was pretty green then, and did not know what to do or say. He did not receive the Purple Heart for wounds that he received in either incident.

4. The applicant’s military records show that he enlisted in the Army for three years on 29 December 1967. The applicant completed training and in June 1968 was assigned to the 4th Battalion, 60th Artillery in Vietnam. Orders show that he was further assigned to Battery C of that battalion. The applicant participated in four campaigns during his tour in Vietnam, and in June 1969 was assigned to Fort Bliss, Texas. The Unit Citation and Campaign Participation Credit Register (DA Pamphlet 672-3) shows that the 4th Battalion, 60th Artillery was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for its actions while he was assigned to that organization. It does not reflect award of the PUC, the VUA, or the Republic of Vietnam Civil Actions Honor Medal First Class for that battalion or for Battery C.

5. The applicant was assigned to the Overseas Replacement Station at Fort Dix, New Jersey, for onward movement to Germany, and on 1 February 1970 was assigned to an artillery battalion in Germany. On 18 July 1970 he was awarded the Marksman Qualification Badge with rifle bar. The applicant returned to the United States in December 1970 and was released from active duty in the grade of E-4 on 22 December 1970. He had 2 years, 11 months, and 24 days of service. His character of service was honorable. His DD Form 214 (Report of Transfer or Discharge) shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.

6. 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.


7. Army Regulation 600-8-22, chapter 4 prescribes the eligibility criteria for award of the Army Good Conduct Medal, and states in pertinent part, that the medal is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. One of the qualifying periods of service for the award is upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year (for first award only).

8. Army Regulation 672-3, the Unit Citation and Campaign Participation Credit Register, contains a register of unit citations and campaign participation credits for the Vietnam conflict.

CONCLUSIONS
:

1. The applicant served his country honorably and faithfully as evidenced by his service record. He is entitled to award of the Army Good Conduct Medal.

2. The applicant participated in four campaigns during his tour in Vietnam. He is entitled to award of the Vietnam Service Medal with four bronze service stars.

3. The applicant is entitled to award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4. The applicant was awarded the Marksman Qualification Badge with rifle bar. That award should be reflected on his DD Form 214.

5. There is no evidence, nor has the applicant submitted any, to show that he was wounded in action. He is not entitled to award of the Purple Heart.

6. There is no evidence, nor has the applicant provided any, to substantiate award of the Presidential Unit Citation, the Valorous Unit Award, or the Republic of Vietnam Civil Actions Honor Medal First Class. Consequently, the applicant is not entitled to those awards.

7. 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 by showing that the applicant was awarded the Army Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Qualification Badge with rifle bar.


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

BOARD VOTE:

__MKP__ __TBR __ __RKS__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Margaret K. Patterson
                  CHAIRPERSON




INDEX

CASE ID AR2001056658
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. 46
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2006 | 20060001221C070205

    Original file (20060001221C070205.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 September 2006 DOCKET NUMBER: AR20060001221 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. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with while serving in the RVN. Therefore, it would be appropriate to award the applicant...

  • ARMY | BCMR | CY2014 | 20140001418

    Original file (20140001418.txt) Auto-classification: Approved

    His records contain General Orders (GO) Number 28, issued by Headquarters, 54th Field Artillery Group, on 15 June 1969, awarding him the Purple Heart for wounds received in action in Vietnam on 18 May 1969. GO awarded him the Purple Heart for wounds received in action on 18 May 1969, and he states he was awarded the Purple Heart for his June 1969 wounds. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from...

  • ARMY | BCMR | CY2007 | 20070016788

    Original file (20070016788.txt) Auto-classification: Denied

    Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 2d Battalion, 320th Artillery, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 1st Battalion, 321st Artillery, it was cited for award of the Republic of...

  • ARMY | BCMR | CY2013 | 20130015156

    Original file (20130015156.txt) Auto-classification: Approved

    The applicant states he was wounded in action in Vietnam on 2 October 1969. This pamphlet shows the 6th Battalion, 29th Artillery Regiment, was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1966 to 31 October 1969 in Department of the Army General Orders (DAGO) Number 3, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 17 November 1970 in DAGO Number 52, dated 1971 *...

  • ARMY | BCMR | CY2012 | 20120005573

    Original file (20120005573.txt) Auto-classification: Approved

    The applicant requests reconsideration of his request for award of the Purple Heart and to have the award of the Army Commendation Medal (ARCOM) added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Accordingly, it would be in the interest of justice to award him the AGCM (1st Award) for the period 21 November 1966 to 20 August 1968 and to correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army...

  • ARMY | BCMR | CY2010 | 20100025763

    Original file (20100025763.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal (ARCOM) with "V" Device, Combat Medical Badge (CMB), and two awards of the Purple Heart. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN. Therefore, there is insufficient evidence on which to base correcting his DD Form 214 to show a...

  • ARMY | BCMR | CY2004 | 20040011441C070208

    Original file (20040011441C070208.doc) Auto-classification: Approved

    The applicant’s Official Military Personnel File (OMPF) contains no evidence to show that he was wounded in action. The applicant participated in two campaigns in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by award of the Marksman Marksmanship Qualification Badge with rifle bar, Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Vietnam Service Medal with two bronze service stars.

  • ARMY | BCMR | CY2010 | 20100009980

    Original file (20100009980.txt) Auto-classification: Approved

    Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. Therefore, he served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and is entitled to correction of his records to show this award. The evidence of record shows he was awarded the Vietnam Service Medal.

  • ARMY | BCMR | CY2006 | 20060005407C070205

    Original file (20060005407C070205.doc) Auto-classification: Denied

    There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. In the absence of orders or other evidence of record showing that the applicant was injured or treated for any wounds as a result of hostile action in Vietnam, the clinical record provided by the applicant is not sufficient as a basis for an award of the Purple Heart. Evidence shows that the applicant’s records contain...

  • ARMY | BCMR | CY2010 | 20100024276

    Original file (20100024276.txt) Auto-classification: Approved

    On 13 January 1968, the applicant's battalion commander submitted a request to award the applicant the Purple Heart for wounds received as a result of hostile action on 3 January 1968. The Vietnam casualty list, the telegram to the applicant's parents, and the applicant's commander's recommendation that the applicant be awarded the Purple Heart is sufficient evidence to support that the applicant was wounded as a result of hostile action on 3 January 1968 and awarded the Purple Heart. As a...