Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001063994C070421
Original file (2001063994C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 February 2002
         DOCKET NUMBER: AR2001063994


         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. Lee Cates Analyst


The following members, a quorum, were present:

Ms. JoAnn H. Langston Chairperson
Mr. Raymond J. Wagner Member
Mr. Richard T. Dunbar 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 records be corrected to show entitlement to award of the Purple Heart (PH).

3. The applicant is silent on the issue; however, he provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 12 February 1971 and a photocopy of a PH with his name engraved on the reverse.

4. The applicant’s military records show that he was inducted into the Army on 19 February 1969. He completed his training requirements and was awarded military occupational specialty (MOS) 11H (Infantry Indirect Fire Crewman).

5. During the period 20 August 1969 and 28 January 1970, he served in a unit in Vietnam.

6. The applicant was separated on 12 February 1971 with an Honorable Discharge Certificate.

7. Departmental Message 232123ZFEB69 indicates the applicant was slightly wounded on 22 September 1969 by “Frag Wound, Right Arm, on combat operation. Engaged hostile force in fire fight.”

8. Item 40 (Wounds), DA Form 20 (Enlisted Qualification Record) indicates “FW (R) Forearm”.

9. The Board notes that applicant’s records also give evidence that he was qualified for award of the Good Conduct Medal (GCMDL), the Combat Infantryman Badge (CIB), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation.

10. Army Regulation 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 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.

11. Army Regulation 600-8-22 provides that the 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 GCMDL, disqualification must be justified.


12. Army Regulation 600-8-22 provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13. 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 42, dated 1972.

14. Department of the Army Pamphlet 672-3 also lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 24 August to 5 September 1969 by Department of the Army General Orders Number 32, dated 1973.

CONCLUSIONS:

1. The evidence of record clearly shows the applicant was wounded in action on 22 September 1969 and is entitled to award of the PH and his records should be corrected accordingly.

2. The evidence of record also shows his entitlement to award of the GCMDL for the period 19 February 1969 to 12 February 1971, the CIB, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation and his records should be corrected, accordingly.

3. 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 the individual concerned was awarded:

a. the PH for wounds received in action on 22 September 1969,

b. the GDMDL for the period 19 February 1969 to 12 February 1971,

c. the CIB,

d. the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and
e. the Meritorious Unit Commendation.

BOARD VOTE:

_rjw___ _jhl____ _rtd____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  JoAnn H. Langston
                  ______________________
                  CHAIRPERSON



INDEX

CASE ID AR2001063994
SUFFIX
RECON
DATE BOARDED 20020226
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002067839C070402

    Original file (2002067839C070402.rtf) Auto-classification: Approved

    By regulation, in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. Therefore, the Board concludes it would be appropriate to award him the PH at this time. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for being wounded in action, while serving as a SGT/E-5 in the RVN, on 18 February 1970;...

  • ARMY | BCMR | CY2003 | 2003090036C070212

    Original file (2003090036C070212.rtf) Auto-classification: Approved

    He believes his medical records supports that on one occasion he was treated for an eye injury that was caused by shrapnel. A Statement of Medical Condition, dated 17 February 1971, shows that on 6 February 1971, the applicant received a separation examination at Munson Army Hospital. It does not show award of the PH.

  • ARMY | BCMR | CY2002 | 2002072579C070403

    Original file (2002072579C070403.rtf) Auto-classification: Approved

    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 applicant states, in effect, that he was wounded in action in the Republic of Vietnam (RVN) in 1968, and he never received his PH. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for being wounded in action on 13 March...

  • ARMY | BCMR | CY2003 | 2003091140C070212

    Original file (2003091140C070212.rtf) Auto-classification: Approved

    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. Paragraph 2-13 contains guidance on award of the VSM and it states, in pertinent part, that it is awarded to all members who served in the RVN from 3 July 1965 through 28 March 1973, and that a bronze service star is authorized with this award for each campaign a member is credited with participating in while...

  • ARMY | BCMR | CY2002 | 2002079932C070215

    Original file (2002079932C070215.rtf) Auto-classification: Approved

    There are no orders in the applicant’s service personnel records, which show that he was awarded the PH. The applicant did not serve during this period of service and is not authorized to wear the SWASM. 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) correcting Item 24 to show award of the PH, GCMDL, two bronze service stars for his VSM, two Overseas Service Bars, the Republic...

  • ARMY | BCMR | CY2005 | 20050002470C070206

    Original file (20050002470C070206.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 January 2006 DOCKET NUMBER: AR20050002470 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. There are no orders or other evidence authorizing award of this decoration to the applicant. The applicant is authorized award of three BSS's to be worn on the VSM to represent the campaigns in which he participated...

  • ARMY | BCMR | CY2003 | 2003091577C070212

    Original file (2003091577C070212.doc) Auto-classification: Approved

    The applicant requests, in essence, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart (PH); Combat Infantryman Badge (CIB); Vietnam Gallantry Cross Unit Citation with Palm; Overseas Service Bar; "V" Device for wear on the Bronze Star Medal (BSM); 60 Device for wear on the Vietnam Campaign Medal (VCM); the oak leaf cluster to show the 2nd award of the Army Commendation Medal (ARCOM) and the Sharpshooter...

  • ARMY | BCMR | CY2003 | 2003091333C070212

    Original file (2003091333C070212.rtf) Auto-classification: Approved

    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 applicant's military record confirms he was awarded the Good Conduct Medal for his service in the Army. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Purple Heart, Valorous Unit Award, Republic of...

  • ARMY | BCMR | CY2002 | 2002068595C070402

    Original file (2002068595C070402.rtf) Auto-classification: Approved

    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. By regulation, in order to qualify for the CIB, a soldier must be an infantryman with an infantry MOS; a member of an infantry unit, of brigade, regimental or smaller size; and be personally present and actively participate in ground combat with the unit while it is engaged in action against the enemy. That...

  • ARMY | BCMR | CY2010 | 20100029319

    Original file (20100029319.txt) Auto-classification: Approved

    Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. The available evidence confirms the applicant was wounded in action in the RVN on 22 October 1970, as evidenced by entries in item 40 of his DA Form 20 and on the USARV Form 130. As a result, the Board recommends that all Department of the Army records of the...