| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Ms. Karen A. Heinz | Member |
2. In effect, the applicant is requesting award of the Purple Heart. In so doing, he states that his DD Form 214 is incorrect concerning his AWOL time, implying that it should be corrected.
3. The applicant states that his DD Form 214 shows that he was AWOL for almost a year from 1969 to 1970, and also indicates that he was AWOL, when he was actually hospitalized as a result of being wounded. A Member of Congress has proof that he was in the 8th Field Hospital in Nha Trang, Vietnam.
4. Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 1 August 2000 in which he requested award of the Purple Heart (AR1999034709).
5. The applicant was arraigned, tried, and convicted for AWOL from 11 August 1968 to on or about 18 August 1968, by a special court-martial which convened at Fort Leonard Wood, Missouri on 14 October 1968.
6. Morning report entries of Troop C, 2nd Squadron, 1st Cavalry, the applicant’s unit in Vietnam, show that the applicant departed for the 8th Field Hospital on 15 October 1969, that he departed AWOL from that hospital on 27 October 1969, and returned from AWOL on 14 November 1969. An entry also shows that he again departed for the 8th Field Hospital on 17 November 1969.
7. On 3 February 1970 the applicant received nonjudicial punishment under Article 15, UCMJ, for AWOL from 30 December 1969 to 18 January 1970.
8. In a 24 February 1970 letter to the squadron commander commenting on the applicant’s conduct and efficiency, the applicant’s commanding officer stated that during the extremely short time he was here, he continually demonstrated a surly attitude and showed no desire whatsoever to perform in a minimal fashion. He stated that the applicant had been literally ridden with venereal disease since he [the commanding officer] had the troop. He was gone, allegedly to the hospital, for an extended amount of time, but did manage to get back in time for his DEROS (date to return to the United States).
9. The applicant’s DD Form 214 shows that he was released from active duty on 4 March 1970 with 1 year, 9 months, and 19 days of service. Item 26a of that form shows that he had non pay periods of time lost from 12 August – 18 September 1968, and from 18 January 1968 – 5 January 1969. Item 30, the remarks section of that form shows that he had 55 days time lost from 12 August 1968 – 18 September 1968. It also shows an entry, by itself, “18 Jan 68-5 Jan 69.”
10. There is no evidence in the applicant’s records that shows that he was wounded in action. The applicant has not provided any such evidence.
CONCLUSIONS:
1. The applicant was not wounded in action. He is not entitled to award of the Purple Heart.
2. The applicant’s DD Form 214 is incorrect regarding his periods of AWOL and his total days of AWOL. Consequently, item 26a of that form should be corrected to show the following non-pay periods of time lost: 11 August 1968 through 17 September 1968; 27 October 1969 through 13 November 1969; and 30 December 1969 through 17 January 1970. Item 30, Remarks, of that form should be corrected to delete the entry concerning 55 days time lost, and the entry, “18 Jan 68-5 Jan 69,” and the entry showing 75 days of time lost and the entries concerning his correct periods of AWOL, as reflected above, be substituted thereof.
3. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing that the applicant was AWOL from 11 August 1968 through 17 September 1968; 27 October 1969 through 13 November 1969; and 30 December 1969 through 17 January 1970; for a total of 75 days of time lost.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__AAO__ ___MHM_ __KAH__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Arthur A. Omartian___
CHAIRPERSON
| CASE ID | AR2001063771 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020129 |
| 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. | 100.00 |
| 2. | 110.00 |
| 3. | 107.00 |
| 4. | 261 |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002075699C070403
The Board considered the following evidence: A soldier will not necessarily be denied an honorable discharge solely by reason of a specific number of convictions by court-martial or actions under the UCMJ Article 15. The evidence of record shows the applicant did not complete the Tank Commanders Course.
ARMY | BCMR | CY2005 | 20050004828C070206
Evidence shows the applicant was awarded of the Purple Heart (1st and 2nd Award) for wounds sustained during hostile action on 7 January 1968 and 3 February 1968 in Vietnam. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart (3rd Award). However, the Vietnam Casualty Roster, his DA Form 20, and a Western Union telefax show he was wounded in combat by hostile forces on 22 April 1968 and treated for his wounds.
ARMY | BCMR | CY2010 | 20100008581
This regulation further states when a member returned from an absence that is or appears to be unauthorized, the unit commander will informally investigate the case at once. A copy of the applicant's DA Form 20 shows the AWOL time during the period 25 September 1969 - 4 November 1969 was to be made good per the letter from the 257th Replacement Company, dated 11 April 1970. Therefore, this portion of his DD Form, 214 should be corrected to remove the erroneous period of AWOL and to show 40...
ARMY | BCMR | CY2011 | 20110011591
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and correction of item 22c (Foreign and/or Sea Service) to show he served in the Republic of Vietnam (RVN) for 1 year, 9 months, and 24 days. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the: * National Defense Service Medal * Vietnam...
ARMY | BCMR | CY2010 | 20100027684
Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. Evidence shows that while the applicant, an infantry Soldier, was assigned to an infantry unit as an automatic rifleman in the RVN he was wounded as a result of hostile action on 21 August 1968. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of...
ARMY | BCMR | CY2007 | 20070006294
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty), with the ending period 9 March 1970, be corrected to show two Purple Hearts, the Bronze Star Medal, and that his rank be corrected to Sergeant (SGT)/E-5. The applicant states the first time he was wounded in action was in August 1968 for award of the Purple Heart, two months prior to the above date. However, there is nothing in his records that show he requested to be awarded an SQI to his...
ARMY | BCMR | CY2008 | 20080010975
This document shows the applicant's unit (2nd Battalion, 16th Infantry) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (12 July 1965 to 16ctober 1968) based on Department of the Army General Orders Number 32, dated 1969; his unit (1st Battalion, 8th Infantry) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (October 1966 to 28 July 1969) based on Department of the Army General Orders Number 3, dated 1970; and...
ARMY | BCMR | CY2008 | 20080013047
The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add all his medals and that his service dates be corrected at the same time. However, based on his service in Vietnam he is entitled to correction of Item 30 to show his inclusive period of service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Items...
ARMY | BCMR | CY2002 | 2002075361C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: On 5 February 1976 and 13 July 1979 the Army Discharge Review Board denied the applicant's request to upgrade his discharge.
ARMY | BCMR | CY2015 | 20150003232
The applicant provides: * VA Rating Decision, dated 18 October 2007 * DA Form 20 (Enlisted Qualification Record) * Standard Form 88 (Report of Medical Examination) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) CONSIDERATION OF EVIDENCE: 1. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge 13. As a result, the...