Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001064352C070421
Original file (2001064352C070421.rtf) Auto-classification: Approved
PROCEEDINGS

         IN THE CASE OF:
        

         BOARD DATE: 28 March 2002
         DOCKET NUMBER: AR2001064352


         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. P. A. Castle Analyst

The following members, a quorum, were present:
Mr. Fred N. Eichorn Chairperson
Mr. Lester Echols Member
Mr. Thomas Lanyi 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 his records be corrected to reflect an award of the Purple Heart on his report of separation (DD Form 214).
3. The applicant states he wants a correction made to his records to show he was awarded the Purple Heart for his wounds.

4. The applicant’s military record shows that he was inducted on 9 May 1966, and completed training as a light weapons infantryman. He was assigned to Vietnam on 12 October 1966, and served as a grenadier. He departed Vietnam on 6 October 1967, and subsequently served as an instructor at Fort Ord, California, until he was honorably released from active duty on 8 May 1968. He was then transferred to the USAR Control Group (Annual Training Reinforcement).

5. The applicant’s separation record reflects he was awarded the National Defense Service Medal (NDSM), the Vietnam Campaign Medal (VCM), the Vietnam Service Medal (VSM), and the Combat Infantryman Badge (CIB). Although his separation record reflects entitlement to those awards, there is no indication in the available records of an order for the PH. There is no entry about an injury on the applicant’s DA Form 20, Enlisted Qualification Record which he signed and authenticated as correct prior to separation. However, a review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (1st Battalion, 16th Infantry Regiment, 1st Infantry Division) was credited with participating in two designated campaigns during the applicant’s period of assignment which entitles him to two bronze service stars (BSS). It also shows that his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

6. Army Regulation 600-8-22 provides that bronze service stars are awarded to represent participation in designated campaign periods. During the Vietnam era the bronze service stars were affixed to the Vietnam Service Medal.

 7. A letter from the Veterans Administration (VA) dated 10 May 1971 was sent by the applicant as evidence of his contention that he was wounded and that he should receive the Purple Heart. The letter addressed to the applicant states that the applicant’s disabilities are service-connected, but they are less than 10% disabling and further, that compensation is not payable for “0% scar shell fragment wound, right shoulder.”
8. 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. A review of the applicant’s records shows no basis that could serve to disqualify him for the award of the Good Conduct Medal.

9. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. A wound is defined as an injury to any part of the body from an outside force. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

10. While both the Army and the VA use the VA Schedule for Rating Disabilities (VASRD), not all of the general policy provisions set forth in the VASRD apply to the Army. The Army rates only conditions which are determined to be physically unfitting for further military service thereby compensating the individual for the loss of his or her military career. The VA, however, may rate any service-connected impairment, thus compensating for loss of civilian employment. Therefore, it is not unexpected that these two different systems would produce different evaluations.

CONCLUSIONS:

1. The evidence of record confirms the applicant is entitled to two bronze service stars on his already awarded Vietnam Service 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 Good Conduct Medal.

2. There is no evidence of record that the applicant acquired a wound that required treatment by a medical officer and that the treatment was made a matter of an official record.

3. There is no available substantiating evidence to show that the applicant was wounded as the result of enemy action or that he was awarded the PH.

4. A wound that is determined to be a service connected injury by the Veterans Administration (VA) is not considered evidence that a wound was a result of enemy action.

5. The actions by the VA are based on the unemployability of the veteran. The letter submitted to the Board as evidence of a wound does not satisfy the requirements for the PH and the applicant has not provided evidence to show that he was awarded the PH.

6. In view of the foregoing, there is no basis for the Board to award the applicant the PH.

RECOMMENDATION:

 1. That all of the Department of the Army records related to this case be corrected:

a. by showing that he is entitled to two bronze service stars on his Vietnam Service Medal; and;

b. by awarding him the Republic of Vietnam Gallantry Cross with Palm, Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and the Good Conduct Medal for the period of service from 9 May 1966 thru 8 May 1968.
2. That so much of the application as is in excess of the foregoing be denied.

 BOARD VOTE :

___ fe ___ ___ le ___ __ tl ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ______ GRANT FORMAL HEARING

________ ________ ______ DENY APPLICATION




                  _____Fred N. Eichorn______
                  CHAIRPERSON
INDEX

CASE ID AR2001064352
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/03/28
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46 107.0000
2.
3.
4.
5.
6.



Similar Decisions

  • ARMY | BCMR | CY2001 | 2001062281C070421

    Original file (2001062281C070421.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 requests, in effect, that his military records be corrected to show the award of the Purple Heart (PH). The SF 502 in the record clearly establishes that the applicant received a combat related injury while participating in action against the enemy in the RVN and that this injury was treated by...

  • ARMY | BCMR | CY2001 | 2001065620C070421

    Original file (2001065620C070421.rtf) Auto-classification: Approved

    However, the Board is only able to confirm his entitlement to one of these awards. By regulation, in order to award the PH a member must have been wounded in action, must have been treated for the wound by military medical personnel, and this treatment must have been made a matter of official record. That all of the Department of the Army records related to this case for the individual concerned be corrected by: awarding him the Purple Heart, for being wounded in action on 26 May 1966,...

  • ARMY | BCMR | CY2003 | 2003086597C070212

    Original file (2003086597C070212.rtf) Auto-classification: Approved

    The DD Form 214 he was issued on this date confirms that he had completed 2 years, 1 month, and 4 days of active military service. Thus, the Board concludes it would be appropriate to correct his record and separation document to show he was wounded in action on 27 May 1965, and was awarded the PH as a result. The Board finds the date of entry listed in Item 19c of the applicant’s 30 December 1966 DD Form 214 is the correct date he reenlisted for that particular period of service.

  • ARMY | BCMR | CY2011 | 20110005301

    Original file (20110005301.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 provides for award of the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action on 24 July 1967 while in the RVN; b. awarding him the Army Good Conduct Medal (1st Award) for the period 21 June 1966 through 20 June 1969 and c....

  • ARMY | BCMR | CY2002 | 2002076090C070215

    Original file (2002076090C070215.rtf) Auto-classification: Approved

    Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN. Lacking any derogatory information on file and/or a specific disqualifying action from any of his active duty unit commanders, which would preclude him from receiving the AGCM, the Board concludes that the applicant served a qualifying period of...

  • ARMY | BCMR | CY2009 | 20090004438

    Original file (20090004438.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 14 July 2009 DOCKET NUMBER: AR20090004438 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Although there are no orders awarding the applicant the PH, medical treatment records confirming he was treated for the wound in question is not available, and his name is not listed on the Vietnam Casualty Roster, the entry in item 40 is sufficiently corroborated by the executive officer letter provided by the applicant, which confirms the applicant was wounded during a...

  • ARMY | BCMR | CY2013 | 20130005505

    Original file (20130005505.txt) Auto-classification: Approved

    This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The applicant's request for correction of his DD Form 214 to show his award of the PH was carefully considered and determined to have merit. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2012 | 20120010411

    Original file (20120010411.txt) Auto-classification: Approved

    Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns: * Vietnam Defense Campaign (8 March - 24 December 1965) * Vietnam Counteroffensive (25 December 1965 - 30 June 1966) * Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) c. Paragraph 6-3 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the PH. As a result, the Board recommends that all Department...

  • ARMY | BCMR | CY2013 | 20130020755

    Original file (20130020755.txt) Auto-classification: Approved

    The applicant requests the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased brother, a former service member (FSM), be corrected to show all awards to which he is entitled. The applicant states: a. the FSM was issued medals for his service in Vietnam subsequent his military service when his military record was declassified in the 1980s or 1990s; b. the FSM had his medals at the time of his death in November 2012; however, they are not all not...

  • ARMY | BCMR | CY2006 | 20060002664C070205

    Original file (20060002664C070205.doc) Auto-classification: Denied

    The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Bronze Star Medal (BSM) and Purple Heart (PH). There is no evidence in his service personnel records, and the applicant did not provide any evidence, which shows that he was wounded or injured as a result of hostile action or treated for such wounds, and his medical records are not available for review. Evidence shows that the applicant’s records...