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Decision Text

ARMY | BCMR | CY2001 | 2001060466C070421
Original file (2001060466C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 December 2001
         DOCKET NUMBER: AR2001060466


         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. Carolyn G. Wade Analyst


The following members, a quorum, were present:

Ms. Karol A. Kennedy Chairperson
Mr. Ronald E. Blakely Member
Mr. Thomas E. O'Shaughnessy, Jr. 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 (PH) and any other personal medals and unit citations 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 wounded on 7 April 1967 and was awarded the PH.

4. The applicant’s military records show that he was inducted into the Army of the United States on 1 December 1965 for a period of 2 years. Upon completion of all military training, the applicant was awarded military occupational specialty 11C, Indirect Fire Crewman, and was assigned to the Republic of Vietnam. During his tour in Vietnam, he was assigned to C Company, 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division, where he served from 15 September 1966 to 6 May 1967.

5. General Orders Number 1490, Headquarters, 4th Infantry Division, dated 21 June 1967, awarded the applicant a Bronze Star Medal (BSM) for heroism in connection with military operations against a hostile force in the Republic of Vietnam.

6. General Orders Number 1803, Headquarters, 4th Infantry Division, dated 7 July 1967, awarded the applicant a PH for shrapnel wounds he received to his right thigh while engaging the enemy in battle.

7. On 30 November 1967, the applicant was honorably separated from active duty and transferred to the United States Army Reserve (USAR). He was credited with 2 years of creditable service. His DD Form 214 reflects the following awards: National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Combat Infantryman Badge, Good Conduct Medal, and Marksman Marksmanship Badge (Rifle).

8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.

9. AR 600-8-22 provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.


10. Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar (OSB). In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. There are special provisions regarding authorization for the OSB for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one OSB is authorized for each period of 6 months' active Federal service as a member of a U.S. Service in Vietnam from 15 September 1966 to 6 May 1967. Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the OSB.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 – 28 July 1969 by Department of the Army General Order (DAGO) Number 3, dated 1970, and the Republic of Vietnam Civil Actions Medal for the period of 1 October 1966 – 31 October 1969 by DAGO Number 53, dated 1970.

12. Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. During the applicant’s assignment in Vietnam, he participated in one campaign, Counteroffensive Phase II. He is entitled to one bronze service star (BSS) on his Vietnam Service Medal.

CONCLUSIONS
:

1. The applicant's DD Form 214 fails to list some of his awards and decorations. He is entitled to the BSM with "V" Device, PH, Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Medal, one OSB, and one BSS for his VSM.

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 DD Form 215, Correction to DD Form 214, awarding him the BSM with “V” Device, PH, one OSB, one BSS for his VSM, Republic of Vietnam Civil Actions Medal, and Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

_KAK____ _REB___ __TEO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Karol A. Kennedy___
                  CHAIRPERSON




INDEX

CASE ID AR2001060466
SUFFIX
RECON
DATE BOARDED 20011211
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19671130
DISCHARGE AUTHORITY AR 635-200
DISCHARGE REASON ETS
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY DASA
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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