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Decision Text

ARMY | BCMR | CY2001 | 2001062029C070421
Original file (2001062029C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 November 2001
         DOCKET NUMBER: AR2001062029


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor Chairperson
Mr. John P. Infante Member
Mr. William D. Powers 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 military records to show award of the Purple Heart.

3. The applicant states that he received the Purple Heart but it is not recorded on his military records.

4. The applicant’s military records show that he was inducted on 2 December 1965. He served as a field artillery crewman in Vietnam from 27 October 1966 through 26 October 1967 and was honorably released on 26 October 1967.

5. The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Purple Heart as an authorized award.

6. There are no orders for the Purple Heart in the available records. However, item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant sustained a fragment wound to his left shoulder on
17 September 1967.

7. The applicant’s name appears on the Vietnam Casualty Roster for wounds sustained in action on 17 September 1967.

8. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 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.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

11. The applicant’s records show he served in Vietnam from 27 October 1966 through 26 October 1967 and participated in two campaigns during this assignment (Vietnam Counteroffensive, Phase II, 1 July 1966 to 31 May 1967 and Vietnam Counteroffensive, Phase III, 1 June 1967 to 29 January 1968). His discharge document shows the Vietnam Service Medal as an authorized award.

12. Army Regulation 600-8-22 (Military Awards) 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.

13. Army Regulation 600-8-22 provides that the Good Conduct Medal 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.

14. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1. Evidence of record shows the applicant was wounded as a result of hostile action on 17 September 1967 in Vietnam. Therefore, the applicant is entitled to correction of his military records to show award of the Purple Heart.

2. The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 2 December 1965 through 26 October 1967 ending with termination of a period of Federal military service. Therefore, the applicant is entitled to correction of his military records to show this award.

3. The applicant’s unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, the applicant is entitled to correction of his DD Form 214 to show these unit citations.

4. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in two campaigns during his assignments in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.

5. 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 showing that the individual concerned was awarded the Purple Heart, the first award of the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Vietnam Service Medal with two bronze service stars.

BOARD VOTE:

RVO____ JPI_____ WDP____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor_
                  CHAIRPERSON




INDEX

CASE ID AR2001062029
SUFFIX
RECON
DATE BOARDED 20011129
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2. 107.0000
3.
4.
5.
6.


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