Mr. Carl W. S. Chun | Director | |
Ms. Rosa M. Chandler | Analyst |
Mr. Fred N. Eichorn | Chairperson | |
Ms. Margaret K. Patterson | Member | |
Mr. Lester Echols | Member |
2. The applicant requests correction of his records to show award of the Purple Heart (PH).
3. The applicant states that on 14 February 1987, he became paralyzed due to a blood clot in his middle, upper back. The condition resolved and the attending physician never asked him about any previous injuries. In 1997, he was seen by a doctor at the Jerry L. Pettis Memorial Veterans Medical Center who explained that he had scar tissue around an old shrapnel wound, that this may have caused his blood clot, and that the clot could reoccur. This conversation caused him to remember his war wound and discover that he had never been credited with a PH. In support of his request, he submits a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
4. The applicant’s military records show that he was inducted into the Army of the United States on 15 August 1967. He served in military occupational specialty (MOS) 11F, Dog Handler. He served in the Republic of Vietnam (RVN) from 9 November 1968 through 9 August 1969 with the 40th Infantry Platoon (Scout Dog), 4th Infantry Division.
5. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he received a fragment wound to his back on 28 February 1969. The Vietnam Casualty Roster for 28 February 1969 shows the applicant's name with the annotation "code 24" indicating that he was slightly wounded, but was not hospitalized. There are no orders in the applicant’s records for the PH.
6. On 4 July 1969, General Orders Number 3673, Headquarters, 4th Infantry Division, dated 4 July 1969, awarded the applicant the Army Commendation Medal (ARCOM).
7. On 10 August 1969, the applicant was reassigned from the RVN to Fort Lewis, Washington, for separation processing. On the same date, he underwent a medical examination that indicates that he was qualified for separation.
8. On 10 August 1969, the applicant was honorably discharged. His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Sharpshooter Bade (Rifle M-14/M-16) and one Overseas Service Bar.
9. 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.
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.
11. AR 600-8-22 also provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.
12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. 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 1 August 1967 to 28 July 1969 by Department of the Army General Order Number 3, dated 1970. It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal for the period 1 August 1967to 31 October 1969 by Department of the Army General Order Number 53, dated 1970. Further, it shows that he parcticpated in three campaigns -- Vietnam Counteroffensive, Phase IV, Tet 1969, and Vietnam Summer-Fall 1969 -- and is entitled to wear three Bronze Service Stars on his Vietnam Service Medal.
CONCLUSIONS:
1. The applicant is entitled to correction of his DD Form 214 to show award of the PH for the wound that he received on 28 February 1969.
2. The applicant is also entitled to have his records corrected to show award of the ARCOM based upon orders found in his records.
3. The applicant is also entitled to award of the GCMDL, the Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, and three Bronze Service Stars for his Vietnam Service Medal.
4. 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) to show award of the PH, the ARCOM, the GCMDL, the Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, and three Bronze Service Stars for his Vietnam Service Medal.
BOARD VOTE:
__FNE__ __MPK__ __LE____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__ _Fred N. Eichorn_______
CHAIRPERSON
CASE ID | AR2001061767 |
SUFFIX | |
RECON | |
DATE BOARDED | 20020207 |
TYPE OF DISCHARGE | (HD) |
DATE OF DISCHARGE | 19690810 |
DISCHARGE AUTHORITY | AR635-200 |
DISCHARGE REASON | A03.00 |
BOARD DECISION | (GRANT) |
REVIEW AUTHORITY | |
ISSUES 1. | 144.0300 |
2. | 107.0015 |
3. | 107.0020 |
4. | |
5. | |
6. |
ARMY | BCMR | CY2001 | 2001062593C070421
The applicant requests that his records be corrected to show entitlement to award of the Purple Heart (PH), the Republic of Vietnam (RVN) Gallantry Cross with Palm, RVN Civil Action Honor Medal First Class, Valorous Unit Award (VUA) and issuance of a new DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant states that he is entitled to the requested awards and provides evidence in the form of orders and a copy of a page 6 of a unit Staff Duty...
ARMY | BCMR | CY2014 | 20140020488
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Presidential Unit Citation (PUC). This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. DISCUSSION AND CONCLUSIONS: The units he was assigned to during his...
ARMY | BCMR | CY2009 | 20090013325
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 by deleting the current Purple Heart and Vietnam Service Medal entries and replacing...
ARMY | BCMR | CY2010 | 20100023356
Accordingly, it would be appropriate to award him the PH for wounds received in action on 14 November 1969 and to correct his DD Form 214 to show this award. However, while the evidence of record corroborates the applicant being wounded in action in the RVN once, there is no evidence of record and the applicant did not provide any evidence confirming a second wounding. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2002 | 2002079896C070215
This document shows that the battalion commander recommended the applicant for the ARCOM for meritorious service for the period 22 August 1967 to 23 July 1968. Army Regulation 600-8-22 provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. There are no orders available to the Board which...
ARMY | BCMR | CY2006 | 20060017594C071029
The applicant requests, in effect, that the Purple Heart (PH) and Army Commendation Medal 1st Oak Leaf Cluster he earned be added to Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his 7 November 1969 separation document (DD Form 214). It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. As a result, it would be appropriate to award the applicant the first award of the...
ARMY | BCMR | CY2001 | 2001064087C070421
The applicant's DD Form 214 does not show that he was awarded the PH. His DD Form 214 also does not show award of the Good Conduct Medal (GCMDL) and there is no evidence that he was ever denied the award. 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) to show award of the PH, the GCMDL, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal, First...
ARMY | BCMR | CY2009 | 20090006163
The applicant's military records show he was inducted into the Army of the United States and entered active duty on 6 February 1968. The evidence of record confirms that the applicant's SN was not listed in item 2 of his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 6 February 1968 to 5 February...
ARMY | BCMR | CY2002 | 2002077859C070215
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. The separation document (DD Form 214) issued to and authenticated by the applicant with his signature on the date of his separation, 13 April 1970, lists the following awards he earned during his tenure on active duty in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons...
ARMY | BCMR | CY2003 | 2003086940C070212
The applicant states, in effect, that the list of authorized awards contained in Item 24 (Decorations, Medals, Badges , Commendation, Citations, and Campaign Ribbons) of his separation document (DD Form 214) does not include the following awards he earned while serving on active duty: PH 1st Oak Leaf Cluster (OLC); ARCOM 1st OLC; and AM (2nd Award). The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of General Orders (GO) Number (#) 27, dated 2 March 1970, and GO # 49,...