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Decision Text

ARMY | BCMR | CY2001 | 2001060866C070421
Original file (2001060866C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 October 2001
         DOCKET NUMBER: AR2001060866


         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
Ms. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Donald P. Hupman 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 correction of his records to show award of the Purple Heart.

3. The applicant states that he was wounded in Qui Nhon, Vietnam, in June 1969 and was never issued the Purple Heart.

4. The applicant’s military records show that he was inducted in the Army on 26 June 1968. He successfully completed basic and advanced individual training and served in Vietnam from 18 December 1968 through 26 January 1970 as a helicopter repairman. The applicant was honorably released from active duty on 27 January 1970.

5. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which was authenticated in his own hand at the time of his separation from the Service, does not show the Purple Heart as an authorized award.

6. The Board noted that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his discharge document.

7. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. His
DA Form 20 (Enlisted Qualification Record) does not show any entry in
item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

8. The applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

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.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he was wounded in Qui Nhon, Vietnam in June 1969 and was never issued the Purple Heart. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action. Therefore, there is no basis for granting him award of the Purple Heart.

2. The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

3. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:

RVO_____ DPH_____ RKS_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V O’Connor, Jr.
                  CHAIRPERSON




INDEX

CASE ID AR2001060866
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20011016
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT IN PART
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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