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Decision Text

ARMY | BCMR | CY2001 | 2001060625C070421
Original file (2001060625C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 November 2001
         DOCKET NUMBER: AR2001060625


         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. Robert J. McGowan Analyst


The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Mr. Melvin H. Meyer Member
Ms. Regan K. Smith 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 records be corrected to show that he was awarded the Bronze Star Medal (BSM), the Purple Heart (PH), and the Good Conduct Medal (GCMDL).

3. The applicant states that these awards were omitted from his DD Form 214, Report of Transfer or Discharge. In support of his application, he submits a copy of his DD Form 214.

4. The applicant’s military records show that he was inducted into the Army of the United States for 2 years on 11 July 1968. Trained as an infantryman, he was sent to Vietnam. He served in Vietnam from 6 January to 23 April 1969 with Company C, 4th Battalion, 23rd Infantry, 25th Infantry Division.

5. On 29 March 1969, the applicant was wounded in his right leg and head. He was hospitalized and evacuated to the United States. He was assigned to Fort Jackson, South Carolina. He was separated with an Honorable Discharge on 10 July 1970 with 2 years of creditable service. His DD Form 214 shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, Sharpshooter Marksmanship Badge (M-14 Rifle), and Marksman Marksmanship Badge (M-16 Rifle).

6. While he was assigned to Fort Jackson, his unit attempted to obtain the PH from his Vietnam unit of assignment, but without success. He was awarded the GCMDL by General Order 26, Headquarters, US Army Personnel Center, Fort Jackson, South Carolina, dated 16 June 1970.

7. There is no record of the applicant ever having been awarded the BSM.

8. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

9. AR 600-8-22 provides, in pertinent part, that the 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. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

10. 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.

CONCLUSIONS:

1. The applicant was wounded in Vietnam and is entitled to the PH. He also was awarded the GCMDL on General Orders from Fort Jackson.

2. There is no record of the applicant ever having been recommended for, or receiving the BSM.

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

RECOMMENDATION:

1. 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 PH and the GCMDL.

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

BOARD VOTE:

_jlp ____ __mhm__ ___rks___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Jennifer L. Prater_____
                  CHAIRPERSON




INDEX

CASE ID AR2001060625
SUFFIX
RECON
DATE BOARDED 20011120
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY DASA
ISSUES 1. 107.0014
2. 107.0015
3. 107.0056
4.
5.
6.


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