| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Celia L. Adolphi | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Mr. Harry B. Oberg | Member |
2. The applicant requests that he be awarded the Purple Heart for injuries received in Vietnam.
3. The applicant states, in effect, that on 9 October 1967, while stationed in Vietnam, his platoon was attacked by approximately 200 North Vietnamese Army soldiers. When the fighting started he was carrying a case of “C-Rations”, a claymore mine and several hundred rounds of ammunition in his backpack. He dove to the ground and experienced a sharp pain to his back. After the fighting was over he complained of back pain and was brushed off as someone trying to get off the front lines and the medic had been killed so he was not seen by medical personnel. After a few months it got better and he was transferred to Fort Hood, Texas. He began to experience pain again, went on sick call and was treated as if he were trying to get out of duty so he never went back for treatment. He continues by stating that he eventually was able to get disability from the VA at 10% and that it has since been changed to 50% for his back and 30% for Post Traumatic Stress Disorder (PTSD). He further states that he should have received a Purple Heart for his injury at the time and would like to have what he has earned at this time.
4. The applicant’s military records show that he was inducted in Portland, Oregon on 9 November 1966. He successfully completed his training and was transferred to Vietnam on 8 May 1967 for duty as an infantryman. He was initially assigned to Company A, 1st Battalion, 35th Infantry Regiment and on 10 September 1967 was transferred to Company D, of the same battalion. He departed Vietnam on 3 May 1968 and was transferred to Fort Hood, Texas.
5. On 16 August 1968 he submitted a request for early separation to attend school. His request was approved and he was honorably released from active duty on 23 September 1968 in the pay grade of E-4. He had served 1 year, 10 months and 15 days of total active service and was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.
6. A review of his records shows that at the time he underwent his separation physical and medical examination, he revealed no injuries or wounds. His records also fail to indicate that he was injured or wounded in combat. However, his records contain no indication of any adverse action being taken against him and show that he had excellent conduct and efficiency ratings.
7. Army Regulation 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.
8. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the units the applicant was assigned to was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM - FC) Unit Citation and the Valorous Unit Award (VUA) for the period in which he served.
9. Army Regulation 672-5-1, in effect at the time, provided the criteria for award or disqualification of the Good Conduct Medal (GCMDL). It states, in pertinent part, that in instances of disqualification, as determined by the unit commander, the commander will prepare a statement of disqualification outlying the rationale for disqualification and refer it to the individual concerned for comment. After considering the individuals comments, if the decision remains the same, the disqualification statement along with the individuals statement will be forwarded to the custodian of personnel records for entry into the individual’s records and establishment of a new eligibility date. An entry of disqualification on the personnel records is required.
CONCLUSIONS:
1. Notwithstanding the applicant’s assertion that he was injured in combat against the enemy, the evidence submitted by the applicant as well as the evidence of record fails to bear this out. Accordingly, in the absence of evidence to the contrary, the Board finds no basis to award him the Purple Heart.
2. While there is no evidence to show that he was awarded the GCMDL, the Board finds that given the lack of disqualifying evidence to show that he would not have been entitled to the award, that it is reasonable to believe that it was an administrative oversight on the part of the Department and that he should have been awarded the GCMDL at the time of separation. Accordingly, it would be in the interest of justice to do so at this time.
3. Although authorized after the applicant’s separation from the service, the evidence of record also shows that he is entitled to awards of the RVNGCw/Palm Unit Citation, the RVNCAHM-FC Unit Citation and the VUA.
4. 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 awarding the individual concerned the RVNGCw/Palm Unit Citation, the RVNCAHM-FC Unit Citation, the VUA, and the GCMDL for the period of 9 November 1966 to 23 September 1968.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__hbo___ __cla____ ___ao___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
_____Celia L. Adolphi_____
CHAIRPERSON
| CASE ID | AR2001058534 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/10/30 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT PARTIAL |
| REVIEW AUTHORITY | |
| ISSUES 1. 61 | 107.0015 /PH |
| 2. 79 | 107.0033/VUA |
| 3. 102 | 107.0056/GCMDL |
| 4. 140 | 107.0094/RVNGC |
| 5. 141 | 107.0095/RVNCAHM |
| 6. |
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The evidence of record clearly shows that the applicant was wounded, that he was awarded the Purple Heart and that the award was omitted from his records. Although there is no evidence to show that he was awarded the GCMDL, the Board finds that given the lack of disqualifying evidence to show that he would not have been entitled to the award, that it is reasonable to believe that he was awarded the GCMDL as he contends and that like the Purple Heart, it was an administrative oversight on...
ARMY | BCMR | CY2001 | 2001059238C070421
The applicant states that his personnel records show his award of the Purple Heart. While it is possible that the applicant was wounded in Vietnam and was awarded the Purple Heart, there is no evidence in the available records to show that such was the case. In view of the foregoing, the applicant’s records should be corrected as recommended below.
ARMY | BCMR | CY2002 | 2002074809C070403
However, his records do contain orders awarding him the Army Good Conduct Medal (GCMDL) on 13 June 1968, which was not recorded on his DD Form 214 at the time of his REFRAD. While the applicant’s records do not contain a copy of the orders awarding him the Purple Heart, his records clearly contain information showing that he was wounded in combat on 14 May 1967 and that he was treated by medical personnel at the time. RECOMMENDATION : That all of the Department of the Army records related...
ARMY | BCMR | CY2001 | 2001057243C070420
There is sufficient evidence to show that the applicant was wounded on 26 March 1969 while serving as an infantryman in Vietnam and that he was treated by medical personnel. Although these awards were authorized subsequent to the applicant’s separation from active duty, the Board concluded, in the interest of equity, that the applicant’s record should be corrected to include these awards at this time. RECOMMENDATION : That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY2002 | 2002073599C070403
He was initially assigned to the A Battery, 6 th Battalion, 29 th Artillery , 4 th Infantry Division as a cannoneer. Although the applicable regulation provides that the CIB is only awarded to personnel who possess an infantry military occupational specialty who are assigned to an infantry unit that engages in ground combat against an enemy; there were exceptions made through a published supplement which clearly indicates that radio operators who served as advisors in infantry or infantry...
ARMY | BCMR | CY2002 | 2002083341C070215
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. The applicant has provided sufficient evidence to show that he is entitled to an award of the Purple Heart for wounds/injuries received in Vietnam on 9 January 1968. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by awarding him the Purple Heart for...
ARMY | BCMR | CY2002 | 2002066313C070402
The applicant requests that his records be corrected to show that he was awarded the Purple Heart. Although awarded subsequent to the applicant’s departure from Vietnam, the applicant was entitled to awards of the RVNGC w/Palm and RVNCAHM-FC Unit Citations as well as the VUA. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 19 September 1966 through 18 September 1968.
ARMY | BCMR | CY2003 | 2003087226C070212
The evidence of record clearly shows that the applicant was awarded two awards of the Purple Heart; however, an administrative oversight at the time of separation resulted in one award being omitted from his DD Form 214. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 21 March 1967 through 11 January 1970. RECOMMENDATION : That all of the Department of the Army records related to...
ARMY | BCMR | CY2004 | 20040010648C070208
The applicant’s medical records were not available for review by the Board. Inasmuch as the wound must be documented as being the result of enemy action and the documents do not substantiate either that fact or the date of occurrence, the applicant has failed to show through the evidence presented with his application or the evidence of record, that he meets the prerequisites of the applicable regulations for award of the Purple Heart at this time. As a result, the Board recommends that...
ARMY | BCMR | CY2005 | AR20050015083C070206
Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 August 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 17 August 1972. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by...