Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001059340C070421
Original file (2001059340C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 August 2001
         DOCKET NUMBER: AR2001059340


         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. John H. Kern Chairperson
Mr. Thomas Lanyi Member
Ms. Paula Mokulis 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 the Purple Heart be added to his Report of Transfer or Discharge, DD Form 214.

3. The applicant makes no additional statement. He provides a copy of his Purple Heart certificate as supporting evidence.

4. The applicant’s military records show that he was inducted into the Army on 25 April 1967. He arrived in Vietnam on or about 30 September 1967. He was assigned to Company D, 1st Battalion, 8th Infantry, 4th Infantry Division as a rifleman. He was wounded in action on 2 February 1968, medically evacuated to Japan, and later medically evacuated to Walter Reed General Hospital. He was discharged from the hospital on or about 15 April 1968 and transferred to Fort Carson, CO. He was honorably released from active duty on 24 April 1969 after completing 2 years of creditable active service with no lost time. His Enlisted Qualification Record, DA Form 20, shows that his conduct and efficiency had been rated as “excellent” throughout his service.

5. 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 by a medical officer, and the medical treatment must have been made a matter of official record.

6. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

7. Department of the Army Pamphlet 672-3 shows that the 1st Battalion, 8th Infantry was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 1 October 1966 – 31 October 1969 and the Presidential Unit Citation for the period 29 October – 30 November 1967. Later, all units assigned to Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm.

CONCLUSIONS:

1. The evidence of record shows that the applicant was wounded in action. It appears he was awarded the Purple Heart and therefore the Purple Heart should be entered on his DD Form 214.

2. The applicant also met the eligibility criteria for award of the Army Good Conduct Medal.
3. In addition, the applicant was assigned to a unit during a period of time that unit was awarded the Presidential Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class, and the Republic of Vietnam Gallantry Cross with Palm.

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 applicant the Army Good Conduct Medal for the period 25 April 1967 – 24 April 1969.

2. That the applicant’s DD Form 214 be amended to add the Purple Heart, the Army Good Conduct Medal, the Presidential Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class, and the Republic of Vietnam Gallantry Cross with Palm.

BOARD VOTE:

__jhk___ __tl____ __pm____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           John H. Kern
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001059340
SUFFIX
RECON
DATE BOARDED 20010823
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 110.04
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2006 | 20060007644C070205

    Original file (20060007644C070205.doc) Auto-classification: Denied

    The applicant requests correction of his military records to show award of the Purple Heart. 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. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.

  • ARMY | BCMR | CY2005 | 20050006164C070206

    Original file (20050006164C070206.doc) Auto-classification: Denied

    Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with an effective date of 18 September 1969, does not show award of the Purple Heart. Therefore, the applicant is entitled to correction of his records to show these unit awards. Evidence also shows that the applicant participated in three campaigns during his service in Vietnam.

  • ARMY | BCMR | CY2005 | 20050015954C070206

    Original file (20050015954C070206.doc) Auto-classification: Approved

    The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart and Combat Infantryman Badge. Evidence of records show the applicant was awarded the Purple Heart for wounds received on 30 March 1968. Therefore, the applicant is entitled to correction of his records to show this award.

  • ARMY | BCMR | CY2005 | 20050006908C070206

    Original file (20050006908C070206.doc) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster) and the Good Conduct Medal. The applicant provides a copy of his DD Form 214; an award certificate for the Purple Heart for wounds received in action on 11 November 1967; three letters of appreciation; service medical records; and service personnel records. As a result, the Board...

  • ARMY | BCMR | CY2008 | 20080012211

    Original file (20080012211.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 21 October 2008 DOCKET NUMBER: AR20080012211 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Records show the applicant participated in four campaigns during his assignment in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Purple Heart, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions...

  • ARMY | BCMR | CY2003 | 2003087152C070212

    Original file (2003087152C070212.rtf) Auto-classification: Denied

    I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. EVIDENCE OF RECORD : The applicant's military records show: NOTE : The Board requests that the Army Review Boards Agency Support Division – St. Louis amend the applicant’s DD Form 214 by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit...

  • ARMY | BCMR | CY2010 | 20100025012

    Original file (20100025012.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. The evidence of record shows he served honorably from 17 May 1967 through 17 March 1969. 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 (1st Award) for exemplary behavior,...

  • ARMY | BCMR | CY2011 | 20110017386

    Original file (20110017386.txt) Auto-classification: Approved

    He was awarded the Vietnam Service Medal. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award. 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 (1st Award) for the period 17 January 1966 through 9 January 1968 and b. adding the following awards to item 24 of his DD Form 214: * Purple Heart * Army...

  • ARMY | BCMR | CY2004 | 040003494C070208

    Original file (040003494C070208.doc) Auto-classification: Approved

    The applicant requested correction of his records to show award of the Bronze Star Medal and the Army Commendation Medal. In the absence of a proper award authority for these decorations, the applicant may request award of the Bronze Star Medal and the Army Commendation Medal under the provisions of Section 1130 of Title 10, United States Code. There is no evidence to show that the 4th Battalion, 39th Infantry was awarded the Presidential Unit Citation or the Meritorious Unit...

  • ARMY | BCMR | CY2008 | 20080010975

    Original file (20080010975.txt) Auto-classification: Approved

    This document shows the applicant's unit (2nd Battalion, 16th Infantry) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (12 July 1965 to 16ctober 1968) based on Department of the Army General Orders Number 32, dated 1969; his unit (1st Battalion, 8th Infantry) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (October 1966 to 28 July 1969) based on Department of the Army General Orders Number 3, dated 1970; and...