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Decision Text

ARMY | BCMR | CY2001 | 2001064852C070421
Original file (2001064852C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 19 MARCH 2002
         DOCKET NUMBER: AR2001064852


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Ms. Shirley L. Powell Chairperson
Mr. Stanley Kelley Member
Mr. Elzey J. Arledge, Jr. 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 military records be corrected to reflect all of his awards and decorations. He specifically notes that he has two Purple Hearts, a "unit citation w/cluster," an Army Commendation Medal, and a Bronze Star Medal. He states that General Westmoreland awarded him the Purple Heart and Bronze Star Medal. He submits no evidence in support of his request.

3. Records available to the Board indicate the applicant was inducted and entered active duty on 28 October 1965. He successfully completed airborne training, and was awarded a Parachutist Badge, prior to being assigned to Vietnam, as an infantryman, in May 1966. The applicant was assigned to Company A, 1st Battalion, 503rd Infantry, of the 173rd Airborne Brigade, for the duration of his tour of duty in Vietnam.

4. The applicant's records indicate he was awarded the Purple Heart, for wounds sustained on 5 February 1967, and a Combat Infantryman Badge, while in Vietnam. The Purple Heart was awarded for fragment wounds to his chest and left hand. Orders confirming award of the Purple Heart were issued by the 3rd Surgical Hospital, and his award of the Combat Infantryman Badge was confirmed in orders issued by the 173rd Airborne Brigade. There is no evidence the applicant was awarded any other personal decorations while in Vietnam. He did, however, participate in two designated campaigns (Vietnam Counteroffensive, and Vietnam Counteroffensive, Phase II) while in Vietnam, and was a member of the 173rd Airborne Brigade on 22 February 1967, when unit members were authorized to wear a bronze service star on their parachutist badge. The bronze service star recognized the unit's participation in a combat parachute jump.

5. The only medical records available to the Board were the applicant's entrance and separation physical examinations. The separation physical examination does not mention treatment for any wounds while in Vietnam, but the applicant did indicate, on his report of medical history, that he had been treated for "jungle rot" while in Vietnam.

6. The applicant returned to the United States in May 1967 and was assigned to Fort Polk, Louisiana. He was awarded an Army Good Conduct Medal on
11 October 1967. Order issued by the Army Reception Station at Fort Polk confirmed the award. The award, however, was omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

7. On 27 October 1967 the applicant was released from active duty with an honorable characterization of service. His Parachutist Badge, Purple Heart and Combat Infantryman Badge, are all reflected on the 1967 separation document, as is his Vietnam Service Medal.

8. Army Regulation 600-8-22 states, in effect, that Army Commendation Medals and Bronze Star Medals are both personal decorations, which require recommendations, approval through the chain of command, and announcement in orders. It also notes that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

9. Army Regulation 600-8-22 also states that a bronze service star denotes participation in designated campaigns, and during the Vietnam era those bronze service stars were affixed to the Vietnam Service Medal.

10. A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (1st Battalion, 503rd Infantry) was awarded a Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross Unit Citation, with Palm, during his tenure with the organization.

CONCLUSIONS:

1. The evidence does confirm that the applicant was awarded the Army Good Conduct Medal, and is entitled to a bronze service star on his Parachutist Badge, two bronze service stars on his Vietnam Service Medal, a Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross Unit Citation, with Palm.

2. There is, however, no evidence, and the applicant has not provided any, which confirms he was ever recommended for, or awarded an Army Commendation Medal or Bronze Star Medal, or that he was wounded a second time as a result of hostile action while in Vietnam. As such there is no basis to correct his records to show those additional decorations.

3. It is unclear what the applicant is referring to when he states that he is entitled to a “unit citation w/cluster.” However, it is possible that he is referring to the Republic of Vietnam Gallantry Cross Unit Citation, with Palm, or the Meritorious Unit Commendation, both of which were awarded to his unit while he was assigned.

4. 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:

         a. by showing that the individual concerned was awarded an Army Good Conduct Medal; and

         b. by showing that he is entitled to a bronze service star on his Parachutist Badge, two bronze service stars on his Vietnam Service Medal, a Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross Unit Citation, with Palm.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__SLP __ __SK ___ __EJA___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Shirley L. Powell_____
                  CHAIRPERSON




INDEX

CASE ID AR2001064852
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020319
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. 107.00
2.
3.
4.
5.
6.


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