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Decision Text

ARMY | BCMR | CY2001 | 2001058276C070421
Original file (2001058276C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 06 DECEMBER 2001
         DOCKET NUMBER: AR2001058276


         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. Gale J. Thomas Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Thomas A. Pagan Member
Mr. Harry B. Oberg 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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Purple Heart, a second Bronze Star Medal, and that he was separated in the pay grade of E-5. In support of his request the applicant submits copies of his award citation and certificate for the Bronze Star Medal, his certificate for the Purple Heart, a DA Form 1811 (Physical and Mental Status on Release From Active Service), dated 10 December 1968, and a copy of his DD Form 214.

3. The applicant states that at the time of “Eagle Thrust” his company was pushed through and that the errors on his DD Form 214 were likely the result of an oversight.

4. The applicant’s military records show that he enlisted in the Regular Army on 29 March 1966.

5. On 19 June 1968, Order Number 1780, awarded the applicant the Purple Heart for wounds he sustained in action on 6 May 1968, in the Republic of Vietnam.

6. On 29 August 1968, Order Number 5228, awarded the applicant the Bronze Star Medal with “V” Device for heroic action on 4 February 1968.

7. On 5 November 1968, Order Number 9038, awarded the applicant the Bronze Star Medal for meritorious achievement in ground operations against a hostile force during the period 1 January 1968 to 31 August 1968.

8. The applicant’s DA Form 20 (Enlisted Qualification Record), his separation medical examination and his separation orders all indicate the applicant was separated in the pay grade of E-3.

9. On 10 December 1968, the applicant was honorably discharged under the provisions of Army Regulation 635-200, early separation from overseas, in the pay grade of E-3. His DD Form 214 indicates he as awarded one Bronze Star Medal, the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Army Commendation Medal, the Combat Infantryman Badge, the Parachutist Badge, and the M-16 Expert Qualification Badge.

CONCLUSIONS
:

1. The applicant was awarded the Purple Heart on 19 June 1968, for wounds he received on 6 May 1968, in the Republic of Vietnam against a hostile force, and the Bronze Star Medal with “V” device on 29 August 1968, for heroic action on
4 February 1968, and as such his DD form 214 should be corrected to reflect these awards.
2. There is no evidence in the available records to substantiate the applicant’s claim that he should have been separated in the pay grade of E-5.

3. 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 changing the applicant’s DD From 214 to show the award of the Purple Heart and the Bronze Star Medal with “V” Device.

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

BOARD VOTE:

__FNE __ __TAP __ __HBO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn____
                  CHAIRPERSON




INDEX

CASE ID AR2001058276
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20011206
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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