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Decision Text

ARMY | BCMR | CY2001 | 2001064087C070421
Original file (2001064087C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 April 2002
         DOCKET NUMBER: AR2001064087


         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. Rosa M. Chandler Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Mr. George D. Paxson Member
Mr. Charles Gainor 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart (PH).

3. The applicant states that he was awarded the PH while he was hospitalized and recuperating from his wound. The PH was awarded without the citation and it is not listed on his DD Form 214. He submits in support of his request a copy of his DD Form 214.

4. The applicant’s military records show that he was inducted into the Army of the United States on 29 November 1965. He served in military occupational specialty (MOS) 11B, Light Weapons Infantryman. He served in the Republic of Vietnam (RVN) from 23 July 1966 through 18 July 1967 with Company B, 2nd Battalion, 8th Infantry, 4th Infantry Division during Vietnam Counteroffensive, Phase II.

5. Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) shows that on 11 November 1966, he received gunshot wounds to both his left leg and shoulder. Item 41 (Awards and Decorations) on his DA Form 20 shows that he was awarded the PH, however, the order number is not annotated.

6. The evidence available also shows that on 30 November 1966, the applicant was assigned to the Medical Holding Detachment and treated at the 106th General Hospital, Japan. The type of treatment that he received is unspecified. He returned to his unit for duty on 10 December 1966.

7. The applicant departed the RVN on or about 18 July 1967 for reassignment to Fort Campbell, Kentucky. On 28 November 1967, he was honorably separated and transferred to the United States Army Reserve. His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Vietnam Campaign Medal, the Combat Infantryman Badge, the Expert Marksman Badge (Rifle M-14), the Marksman Badge (.45 Caliber Pistol) and two overseas service bars.

8. The applicant's DD Form 214 does not show that he was awarded the PH. His DD Form 214 also does not show award of the Good Conduct Medal (GCMDL) and there is no evidence that he was ever denied the award. Item
30 (Remarks) on his DD Form 214, substantiates the contention that the applicant was wounded 11 November 1966 while assigned to the RVN.

9. AR 600-8-22 (Military Awards) provides that the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.
10. Army Regulation 600-8-22 provides that the Good Conduct Medal (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 Good Conduct Medal, disqualification must be justified.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) 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 Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966-28 July 1969 by DAGO Number 3, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period 1 October 1966-31 October 1969 by DAGO Number 53, dated 1970. The awards were authorized after the applicant was separated.

12. Army Regulation 600-8-22 also 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. It also shows that he served in Vietnam during one campaign and he is, therefore, authorized one Bronze Service Star (BSS) for wear on his VSM.

CONCLUSIONS:

1. The Board accepts that the wounds the applicant received on 11 November 1966 were the result of hostile action and that the wounds were treated and the medical treatment was made a matter of record. Therefore, his DD Form 214 should be corrected to show award of the PH.

2. The Board also accepts that the applicant's DD Form 214 should be corrected to show award of the GCMDL for the period from 29 November 1965 thru 28 November 1967, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal, First Class Unit Citation, and one BSS for wear on the VSM.

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 issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show award of the PH, the GCMDL, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal, First Class Unit Citation, and one BSS for wear on the VSM.

BOARD VOTE:

___cg___ ___jhl___ ___gdp__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Joann H. Langston____
                  CHAIRPERSON




INDEX

CASE ID AR2001064087
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020425
TYPE OF DISCHARGE (HD)
DATE OF DISCHARGE 19671128
DISCHARGE AUTHORITY AR635-200
DISCHARGE REASON A03.00
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0015
2. 107.0056
3. 107.0094
4. 107.0095
5.
6.


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