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ARMY | BCMR | CY2001 | 2001060632C070421
Original file (2001060632C070421.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 February 2002
         DOCKET NUMBER: AR2001060632


         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. Walter Avery, Jr. Analyst


The following members, a quorum, were present:

Mr. George D. Paxson Chairperson
Mr. Thomas A. Pagan Member
Mr. Melvin H. Meyer 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 DD Form 214 (Report of Transfer or Discharge), be corrected to show that he was twice awarded the Purple Heart.

3. The applicant states that he was wounded in the left foot on 27 May 1968, and again on the left thigh and right finger on 16 June 1968, in Vietnam.

4. In support of his request, he submits a copy of Standard Form 600 (Chronological Record of Medical Care), which reflects an entry on 16 June 1968, showing he was treated for wounds received from a grenade on 11 June 1968. An entry on Standard Form 539 (Abbreviated Clinical Record) indicates that a fragment was removed from his right index finger on 13 June 1968.

5. The applicant’s military records show that he entered active duty on 1 September 1966 and was separated on 6 Jul 1967, to accept a commission. He was commissioned a 2LT, Infantry, on 7 July 1967. He served in Vietnam with the 3d Battalion, 21st Infantry from approximately 14 February 1968, to 15 January 1969. He was honorably separated to the US Army Reserve in the grade of 1LT on 6 July 1969.

6. Awards reflected on his DD Form 214 include the Silver Star, the Bronze Star Medal with “V” Device, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with Device 1960, and the Combat Infantryman Badge.

7. On 8 July 1968, General Orders Number 3836 was issued awarding the applicant the Purple Heart for wounds received in action on 26 May 1968.

8. The Vietnam Casualty List reflects that the applicant was wounded by hostile fire on 12 June 1968.

9. 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, and the medical treatment must have been made a matter of official record.

10. Department of the Army Regulation 672-3 shows that the 3d Battalion, 21st Infantry was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.






CONCLUSIONS:

1. The evidence of record establishes that the applicant was awarded the Purple Heart for wounds received on 26 May 1968. The Board concludes he was also wounded as a result of hostile action in Vietnam on 12 June 1968, which entitles him to a 1st Oak Leaf Cluster (OLC) to the Purple Heart. He also should be awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award. It would be appropriate to add these awards to 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:

a. showing that the individual concerned was awarded the Purple Heart for wounds suffered in Vietnam on 26 May 1968 and a 1st OLC for wounds sustained on 12 June 1968; and

b. showing he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award.

BOARD VOTE:

__gdp_ ____mhm__ ____tap _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________George D. Paxson___
                  CHAIRPERSON




INDEX

CASE ID AR2001060632
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020221
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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