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Decision Text

ARMY | BCMR | CY2001 | 2001063713C070421
Original file (2001063713C070421.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 November 2001
         DOCKET NUMBER: AR2001063713


         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. Arthur A. Omartian Chairperson
Mr. Lester Echols Member
Mr. John T. Meixell 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 awarded the Purple Heart.

3. The applicant states that his DD Form 214 does not show that he was awarded a Purple Heart.

4. In support of his request, he submits a copy of a Purple Heart Certificate showing that he was awarded the Purple Heart for wounds received on 18 January 1969.

5. The applicant’s military records show that he was inducted on 29 May 1968 and served as an infantryman in Vietnam from 26 October 1968 to approximately 25 December 1969 while assigned to the 132nd Aviation Company. He was honorably separated to the US Army Reserve on 30 December 1969, in pay grade E-5.

6. Awards reflected on his DD Form 214 include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and the Air Medal.

7. In addition to the awards listed on his separation document, his records reflect that he was awarded the Combat Infantryman Badge, and the Sharpshooter Qualification Badge with rifle bar.

8. General Orders 17, dated 17 January 1969, awarded the applicant the Combat Infantryman Badge.

9. General Orders 1184, dated 20 February 1969, awarded the applicant the Purple Heart.

10. Army Regulation 600-8-22 provides, in pertinent part, that one bronze service star is authorized for the Vietnam Service Medal for each campaign when assigned or attached to and present for duty with a unit during the period in which it participated in combat, or was under order to such unit in a combat zone. A silver service star is awarded instead of five bronze service stars. The applicant served during five campaign periods.

11. The same regulation provides that the Good Conduct Medal is awarded to soldiers who distinguish themselves by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service. For the first award only, upon termination of service on or after 27 June 1950 of less than three years but more than one year.



12. DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, lists units which have been awarded unit citations, battle credits and foreign awards. The register shows that the 132nd Aviation Company was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm for the period 24 August 1969 to 30 December 1969.

CONCLUSIONS:

1. The evidence of record clearly establishes that the applicant was awarded the Purple Heart, the Combat Infantryman Badge, and the Sharpshooter Qualification Badge with rifle bar. He is therefore, entitled to have these awards shown on his DD Form 214.

2. He achieved the rank of sergeant in less than two years, received an honorable discharge and there is no record of disciplinary action or time lost during his service from 29 May 1968 to 30 December 1969. He apparently was qualified for but never awarded the Good Conduct Medal. It would be appropriate therefore to add this award to his DD Form 214.

3. The applicable regulations show he is authorized the Vietnam Service Medal with one silver service star and the Republic of Vietnam Gallantry Cross Unit Citation with Palm. It would be appropriate therefore to add these awards to his DD Form 214.

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:

a. showing that the individual concerned was awarded the Purple Heart for wounds suffered in Vietnam on 18 January 1969; and











b. showing that he was awarded the Combat Infantryman Badge, the Good Conduct Medal for the period of 29 May 1968 to 30 December 1969, the Sharpshooter Qualification Badge with rifle bar, one silver service star to his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

___aao_ ____le____ ____jtm_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___________Arthur A. Omartian_______
                  CHAIRPERSON




INDEX

CASE ID AR2001063713
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001063713
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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