Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001059553C070421
Original file (2001059553C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 October 2001
         DOCKET NUMBER: AR2001059553


         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. William Blakely Analyst


The following members, a quorum, were present:

Ms. Celia L. Adolphi Chairperson
Mr. Arthur A. Omartian 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, in effect, that the Purple Heart (PH) and all awards to which he is entitled be listed on his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).

3. The applicant states, in effect, that he was awarded the PH for wounds he received in action while serving in Republic of Vietnam (RVN) on 25 March 1967. However, the PH was not listed in the DD Form 214 he was issued upon his separation. He further states that all his certificates were not listed in his
DD Form 214 at the time of his discharge. In support of his application, he submits a copy of his PH certificate and a copy of an untranslated foreign award certificate issued by the RVN.

4. The applicant’s military records show that on 14 September 1965, he was inducted into the Army for a period of 2 years and was trained in and awarded military occupational specialty (MOS) 11E (Armor Crewman).

5. The applicant’s Enlisted Qualification Record (DA Form 20) shows that he served in the RVN from 5 November 1966 to 3 September 1967 and block 40 (wounds) confirms that he received fragment wounds to both arms on 25 March 1968. Block 41 (awards and decorations) verifies that during his active duty tenure he earned the following awards: National Defense Service Medal; Vietnam Service Medal, and Republic of Vietnam Campaign Medal with
60 Device.

6. The applicant’s Military Personnel Records Jacket (MPRJ) includes a copy of General Orders Number 1041, dated 26 March 1967, issued by the 25th Infantry Division. This order awarded the applicant the PH for wounds he received in connection with military operations against a hostile force in the RVN on
25 March 1967.

7. On 4 September 1967, the applicant was honorably released from active duty in the rank and pay grade of specialist five/E-5 (SP5/E-5) after completing 1 year, 11 months, and 21 days of active military service. The DD Form 214 issued to him upon his separation does not show the PH as an authorized award.

8. The applicant’s Official Military Personnel File (OMPF) contains no derogatory information and no indication that he was disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served.

9. In support of his application, the applicant provided a copy of his PH award certificate that shows he was wounded in action while serving as a specialist four in the RVN on 25 March 1967. In addition, he submitted an untranslated award certificate issued by the RVN recognizing his duty performance in the theater.

10. Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214. Paragraph 2-7, states in effect, that the DD Form 214 will list decorations, medals, badges, citations and campaign ribbons awarded or authorized.

11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action. It also stipulates that substantiating evidence must be provided to verify that the wound was the result of hostile action; the wound required medical treatment; and that this medical treatment was made a matter of official record.

12. Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except for the first award, which is authorized for a period of service of more than 1 year at the termination of a period of Federal military service. Although there is no automatic entitlement to the AGCM, disqualification must be justified and current practice requires that unit commanders provide written notice of non-favorable consideration and allow individuals the opportunity to respond/rebut the reason for denial of the award.

CONCLUSIONS:

1. The evidence of record confirms that the applicant was awarded the PH for wounds he received in action while serving as a specialist four in the RVN on
25 March 1967. Therefore, the Board concludes this award should be added to his record at this time.

2. Lacking derogatory information in his OMPF or a specific disqualification by an authorized unit commander, the Board finds the applicant was entitled to receive the first award of the AGCM based on his completing a period of qualifying service upon his separation from active duty on 4 September 1967.

3. The Board wishes to advise the applicant that there are no regulatory provisions that provide for adding foreign government certificates, such as the RVN performance certificate he provided, to the DD Form 214. However, the certificate he provided will be included and retained in his OMPF as an enclosure to this decisional document.

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 showing in the individual concerned received the PH by including this award in his separation document; by awarding him the Army Good Conduct Medal for the period 14 September 1965 to 4 September 1967; and by providing him a corrected separation document that includes these awards.

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

BOARD VOTE:

__CLA__ __AAO__ __HBO __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Celia L. Adolphi __
                                                      CHAIRPERSON




INDEX

CASE ID AR2001059553
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/10/30
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.



Similar Decisions

  • ARMY | BCMR | CY2001 | 2001059490C070421

    Original file (2001059490C070421.rtf) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) also provides, in pertinent part, for awarding the Republic of Vietnam Campaign Medal with 60 Device to members who completed qualifying service in the RVN. The evidence of record shows the applicant is entitled to have his DD Form 214 corrected to show award of the Republic of Vietnam Campaign Medal with 60 Device. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the PH based on...

  • ARMY | BCMR | CY2009 | 20090004174

    Original file (20090004174.txt) Auto-classification: Approved

    Paragraph 2-13 of the awards regulation contains guidance on award of the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. As a result, it would be appropriate to award the applicant the PH 1st Oak Leaf Cluster (2nd Award) for being wounded in action in the RVN on 28 March 1968 and to add the entry PH 1st Oak Leaf Cluster (2nd Award) to item 24 of his DD Form...

  • ARMY | BCMR | CY2009 | 20090005845

    Original file (20090005845.txt) Auto-classification: Approved

    The applicant requests that the Purple Heart (PH), Air Medal (AM), Army Good Conduct Medal (AGCM), Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and all other awards to which he is entitled be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). There is no evidence that the applicant was awarded the AM; therefore, he is not entitled to correction of his record to show this...

  • ARMY | BCMR | CY2009 | 20090004352

    Original file (20090004352.txt) Auto-classification: Approved

    Paragraph 2-13 of the awards regulation contains guidance on award of the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. Therefore, it would be appropriate and serve the interest of justice and equity to award the applicant the PH for wounds sustained in action in the RVN on 6 June 1967 and to add this award to his record and DD Form 214 at this time. As a...

  • ARMY | BCMR | CY2010 | 20100000727

    Original file (20100000727.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant's official military personnel file (OMPF) is void of orders or any other documents that indicate he was recommended for or awarded the AGCM, AM, MSM, PH, or the BSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the AGCM for the period 27 September 1966 to 8 September 1969...

  • ARMY | BCMR | CY2011 | 20110005684

    Original file (20110005684.txt) Auto-classification: Approved

    The applicant's official military personnel file (OMPF) contains a DA Form 20 (Enlisted Qualification Record) which shows: * in item 27 (Military Education) – no entry * in item 28 (Specialized Training) – * Army Training Program (ATP) 21-114 [Basic Combat Training] * Code of Conduct * Basic Airborne Course * Chemical/Biological/Radiological (CBR) training * in item 38 (Record of Assignments) – conduct and efficiency ratings of "excellent" * in item 40 (Wounds) – gunshot wound right arm 8...

  • ARMY | BCMR | CY2012 | 20120004431

    Original file (20120004431.txt) Auto-classification: Approved

    The applicant states his DD Form 214 does not show the PH. Therefore, it would be appropriate to correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214: * PH * AGCM (1st Award) for the period 19 July 1967 through 18 July 1969 * Meritorious Unit Commendation (two awards) * Republic of Vietnam Gallantry Cross with Palm Unit Citation _______...

  • ARMY | BCMR | CY2009 | 20090005231

    Original file (20090005231.txt) Auto-classification: Approved

    Paragraph 2-10 of the awards regulation contains guidance on the NDSM and states, in pertinent part, that it is authorized for honorable active service for any period between 1 January 1961 and 14 August 1974. Therefore, it would be appropriate to accept the date provided by the applicant as the most accurate date, and to award him the PH for wounds received as a result of hostile action in the RVN in June 1967; and to add this award to his record and DD Form 214 at this time. As a result,...

  • ARMY | BCMR | CY2015 | 20150002876

    Original file (20150002876.txt) Auto-classification: Approved

    The applicant's military records show he was inducted into the Army of the United States on 12 September 1967. This order confirms he was wounded in action under intense enemy fire while rescuing a wounded casualty. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal with 2 bronze service stars from his DD Form 214; b. awarding him the Army Good Conduct Medal (First Award) for his...

  • ARMY | BCMR | CY2009 | 20090006324

    Original file (20090006324.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The evidence of record confirms the last digit of the applicant's SN is "3" and that this number is properly listed on his enlistment documents, service record, and DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 by adding the AM, PUC, RVN Gallantry Cross with Palm Unit Citation, a...