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Decision Text

ARMY | BCMR | CY2001 | 2001060381C070421
Original file (2001060381C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 February 2001
         DOCKET NUMBER: AR2001060381


         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Barbara J. Ellis Member
Mr. John E. Denning 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 Purple Heart (PH) be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

3. The applicant states that he was awarded the PH, but it was never entered on his DD Form 214.

4. In support of his request the applicant submits a copy of his award certificate, which shows that he was awarded the PH for wounds received in action on 28 december 1966 in the Republic of Vietnam.

5. The applicant’s military records show that he was inducted on active duty on 17 March 1966, was awarded the military occupational specialty of light weapons infantryman, and was promoted to pay grade E-4 (he was later reduced to pay grade E-3 as a result of punishment imposed under Article 15, UCMJ). He served in Vietnam from 9 October 1966 to 8 October 1967.

6. The applicant’s DA Form 20, Enlisted Qualification Record, Item 40, Wounds, has entered that the applicant received fragmentation wounds to his left thigh on 28 December 1966. Item 38 of this form, Record of Assignments, shows that the applicant’s status changed from duty to patient on 12 January 1967, and reverted back to duty on 12 April 1967.

CONCLUSIONS:

1. It is evident that the award certificate submitted by the applicant is authentic, based on the entries made on his DA Form 20. As such, the Board must conclude that the PH was awarded to the applicant but the orders were never entered into his records, which resulted in the decoration not being included on his DD Form 214.

2. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a correction to his DD Form 214 which







shows that he was awarded the PH for wounds sustained in action in Vietnam on 28 December 1966.

BOARD VOTE:

___bje __ ____jns__ ____jed__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ________John N. Slone________
                  CHAIRPERSON




INDEX

CASE ID AR2001060381
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020214
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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