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Decision Text

ARMY | BCMR | CY2001 | 2001064743C070421
Original file (2001064743C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 February 2002
         DOCKET NUMBER: AR2001064743


         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. Hubert S. Shaw, Jr. Analyst


The following members, a quorum, were present:

Ms. June Hajjar Chairperson
Ms. Karol A. Kennedy Member
Mr. Roger W. Able 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 award of the Purple Heart.

3. The applicant states that he earned the Purple Heart in Vietnam, but it was never put on his discharge.

4. The applicant’s military records show that the applicant was inducted on 23 May 1968 and completed training as an infantryman. He served in Vietnam from 20 October 1968 to 2 April 1969. The applicant was honorably separated from active duty on 25 November 1970.

5. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart as an authorized award in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). His discharge document also does not show any unit awards.

6. The applicant’s records contain a Western Union Telegram, dated 17 March 1969, which notified his parents that he was wounded in action on 16 March 1969 in Vietnam.

7. 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 that, at the time of the applicant’s assignment to the 2nd Battalion, 327th Infantry, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 2, dated 1971.

8. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart 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.

CONCLUSIONS:

1. Evidence of record shows the applicant was wounded as a result of hostile action on 16 March 1969 in Vietnam. Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show this award.

2. Orders show that the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this foreign unit award.

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 the Purple Heart for wounds sustained on 16 March 1969 and by showing that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.


BOARD VOTE:

__RWA__ __JH___ __KAK___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Ms. June Hajjar____
                  CHAIRPERSON




INDEX

CASE ID AR2001064743
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020205
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY MR SCHNEIDER
ISSUES 1. 107.0000.0000
2.
3.
4.
5.
6.


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