Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001059239C070421
Original file (2001059239C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 October 2001
         DOCKET NUMBER: AR2001059239


         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Ms. Joann Langston Chairperson
Mr. Mark D. Manning Member
Mr. Jose A. Martinez 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 correction of his records to show award of the Purple Heart for injuries he sustained in Vietnam in January 1971.

3. The applicant states that he was injured as the result of a vehicular incident and that this incident was related to enemy action. He states that his unit searched for a new rest overnight (RON) site when his armored personnel carrier (APC) went off the road and he sustained the injuries. He further states that his unit looked for a new RON because the first one came under enemy fire. He claims that he does not remember or know what caused the APC to leave the road.

4. The applicant’s military records show that he entered active duty on 24 November 1969 for a period of two years. He completed infantry training and served in Vietnam from 25 July 1970 through 14 March 1971. The applicant was honorably released from active duty on 27 July 1971.

5. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart as an authorized award. The Board noted that the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is also not shown on his discharge document.

6. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. His DA Form 20 (Enlisted Qualification Record) shows he sustained contusions to his right leg and nose on 29 January 1971 in item 40 (Wounds).

7. The applicant’s personnel records contain a telegram addressed to the applicant’s family. The telegram states that the applicant was hospitalized in Vietnam on 29 January 1971, “due to injuries sustained while he was a passenger on a military vehicle on a military mission when the vehicle went off the road.”

8. The Vietnam Casualty Roster shows the applicant sustained serious injuries on 29 January 1971, but he was not injured as a result of hostile action.

9. The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10. 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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
CONCLUSIONS:

1. There are no orders available to the Board which authorize award of the Purple Heart to the applicant. Evidence of record shows the applicant was classified as seriously injured, not as a result of hostile action. Therefore, there is no basis for granting him award of the Purple Heart.

2. The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 will be amended to show this unit award.

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 showing the individual concerned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:

JL______ MDM____ JAM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Joann Langston________
                  CHAIRPERSON




INDEX

CASE ID AR2001059239
SUFFIX
RECON YYYYMMDD
DATE BOARDED Y20011011
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002070182C070402

    Original file (2002070182C070402.rtf) Auto-classification: Approved

    He also states that he never received the Purple Heart “even though I was injured (wounded) and hospitalized.” In support of his application, the applicant submitted 26 pages of his service medical records. There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action during his assignment in Vietnam. Orders show that the applicant is entitled to award...

  • ARMY | BCMR | CY2001 | 2001057532C070420

    Original file (2001057532C070420.rtf) Auto-classification: Approved

    The Board considered the following evidence: The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart or the Combat Infantryman Badge as authorized awards. Evidence of record shows the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

  • ARMY | BCMR | CY2003 | 2003086803C070212

    Original file (2003086803C070212.rtf) Auto-classification: Approved

    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. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Republic of Vietnam Civil Actions Honor Medal...

  • ARMY | BCMR | CY2002 | 2002076212C070215

    Original file (2002076212C070215.rtf) Auto-classification: Approved

    This document shows the unit, to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions on 19-20 June 1969 by Department of the Army General Orders Number 53, dated 1970. There is no evidence in the applicant’s service personnel records which shows that he was wounded or treated for wounds sustained as a result of hostile action in Vietnam. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam...

  • ARMY | BCMR | CY2002 | 2002067827C070402

    Original file (2002067827C070402.rtf) Auto-classification: Approved

    There are no orders available to the Board which authorize award of the Purple Heart to the applicant. Upon review, the Board has determined that this evidence is sufficient as a basis to correct his military records to show award of the Purple Heart. That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions...

  • ARMY | BCMR | CY2012 | 20120009773

    Original file (20120009773.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 award of the: * Bronze Star Medal * Purple Heart 2. The applicant's request for correction of his DD Form 214 to show award of the Bronze Star Medal and Purple Heart was carefully considered. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (First...

  • ARMY | BCMR | CY2004 | 20040011725C070208

    Original file (20040011725C070208.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. Department of the Army Pamphlet 672-3 also shows the applicant's unit (11th Armored Cavalry) is entitled to one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (7 September 1966 to 10 August 1968) based on Department of the Army General Orders Number 60, dated 1969, and one award of the Republic of Vietnam...

  • ARMY | BCMR | CY2010 | 20100011866

    Original file (20100011866.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Records show the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. by awarding him the Purple Heart for wounds sustained on 25 February 1971; and b. adding to his DD Form 214 the Army Commendation Medal,...

  • ARMY | BCMR | CY2008 | 20080005758

    Original file (20080005758.txt) Auto-classification: Approved

    Item 24 of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart. The applicant provided a copy of a Western Union Telegram, dated 16 July 1970, to the applicant's parents which states, in pertinent part: "The Secretary of the Army has asked me to inform you that your son [the applicant] was slightly wounded in action in Vietnam on 14 July 1970 while driver of a military vehicle on a military mission when a...

  • ARMY | BCMR | CY2001 | 2001062101C070421

    Original file (2001062101C070421.rtf) Auto-classification: Approved

    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’s military records show that he was inducted into the Army on 9 April 1969. That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the Purple Heart for wounds received in action on 15 February 1971.