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ARMY | BCMR | CY2001 | 2001064913C070421
Original file (2001064913C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 January 2002
         DOCKET NUMBER: AR2001064913


         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:

Mr. Fred N. Eichorn Chairperson
Mr. Ted S. Kanamine Member
Mr. John T. Meixell 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, in effect, that he is entitled to award of the Purple Heart.

4. The applicant’s military records show that he was inducted on 28 December 1967 and completed training as a light air defense weapons crewman. He served in Vietnam from 4 June 1968 to 3 June 1969. The applicant was honorably separated from active duty on 15 December 1969.

5. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show entitlement to award of the Purple Heart. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.

6. The applicant’s records contain a Western Union Telegram which states that the applicant was slightly wounded in Vietnam as a result of hostile action on 22 September 1968. His records also contain a casualty report which conveys the same information stated in the telegram.

7. The Board noted that the applicant’s DD From 214 does not show entitlement to any unit awards.

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.

9. 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 Meritorious Unit Commendation for actions during the period 1 April 1968 to 31 March 1969 by Department of the Army General Orders Number 39, dated 1970.

10. Department of the Army Pamphlet 672-3 also 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 54, dated 1974.

CONCLUSIONS:

1. Evidence of record shows the applicant was slightly wounded in Vietnam as a result of hostile action on 22 September 1968. Therefore, he is entitled to award of the Purple Heart and correction of his records to show this award.

2. Department of the Army Pamphlet 672-3 shows that the applicant was entitled to award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his records to show these unit awards.

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 in Vietnam as a result of hostile action on 22 September 1968, the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.


BOARD VOTE:

___TSK__ __JTM__ __FNE__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Mr. Fred N. Eichorn___
                  CHAIRPERSON




INDEX

CASE ID AR2001064913
SUFFIX
RECON YYYYMMDD
DATE BOARDED YYYYMMDD
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY MR SCHNEIDER
ISSUES 1. 107.0000.0000
2.
3.
4.
5.
6.


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