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ARMY | BCMR | CY2001 | 2001061768C070421
Original file (2001061768C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 December 2001
         DOCKET NUMBER: AR2001061768


         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. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Thomas A. Pagan Member
Mr. Harry B. Oberg 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 Report of Separation from Active Duty, DD Form 214, be amended to add the Purple Heart.

3. The applicant makes no additional statement.

4. The applicant’s military records show that he was inducted into the Army on 19 January 1967. After two periods of being absent without leave (AWOL), for which he was convicted by court-martial, he completed advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman). He was assigned to Troop D, 17th Cavalry, 199th Infantry Brigade, Vietnam on or about 3 September 1968. He was awarded the Combat Infantryman Badge. His Enlisted Qualification Record, DA Form 20, item 40 shows that he received a fragmentation wound to the first finger of his right hand on 12 February 1969. He departed Vietnam on 7 July 1969 after receiving excellent conduct and efficiency ratings.

5. The applicant was reassigned to Fort Riley, KS where he again departed AWOL. Upon his return to military control, he requested a discharge in lieu of trial by court-martial, which was approved, and he was discharged with a discharge under other than honorable conditions on 4 May 1970.

6. On or about 29 June 1978, the Army Discharge Review Board (ADRB) upgraded the applicant’s discharge to general under honorable conditions based on his excellent combat record and his having been wounded in combat. (When his DD Form 214 was re-issued, item 18(f) erroneously showed he had only 13 days of foreign service.)

7. On 19 October 1987, the Army Reserve Personnel Center authorized issuance of the Purple Heart to the applicant.

8. 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 by a medical officer, and the medical treatment must have been made a matter of official record.

9. Department of the Army Pamphlet 672-3 shows that Troop D, 17th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 – 31 July 1970 and the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 12 December 1966 – 31 August 1970.


CONCLUSIONS:

1. The evidence of record shows the applicant was wounded in action on 12 February 1969. The Board therefore concludes he met the eligibility criteria for award of the Purple Heart. He was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class. These unit awards should also be added to his DD Form 214.

2. The applicant’s re-issued DD Form 214 contains an error in item 18(f). He served more than 13 days of foreign service.

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

RECOMMENDATION:

That the applicant’s DD Form 214 be amended to add the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class and corrected to show his actual foreign service.

BOARD VOTE:

__fne___ __tap___ __hbo___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Fred N. Eichorn
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001061768
SUFFIX
RECON
DATE BOARDED 20011206
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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