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Decision Text

ARMY | BCMR | CY2001 | 2001064978C070421
Original file (2001064978C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 31 January 2002
         DOCKET NUMBER: AR2001064978


         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Elzey J. Arledge, Jr. Member
Ms. Regan K. Smith 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 Report of Transfer or Discharge, DD Form 214, be amended to add the Purple Heart.

3. The applicant states that he was awarded the Purple Heart. He provides his DD Form 214 and Purple Heart certificate as supporting evidence.

4. The applicant’s military records show that he was inducted into the Army on 14 November 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11D (Armor Reconnaissance Specialist). He arrived in Vietnam on or about 25 April 1969 and was assigned to Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry on 15 May 1969. His Enlisted Qualification Record, DA Form 20, item 40 shows he received fragmentation wounds in the left arm on 2 September 1969. He departed Vietnam on or about 29 March 1970. He was released from active duty on 13 November 1970 after completing 2 years of creditable active service with no lost time. His separation physical indicated that he had multiple scars on his (illegible) hand. His DA Form 20 shows that his conduct and efficiency were rated as excellent throughout his service and that he was credited with three Vietnam campaigns. His DD Form 214 shows he was awarded the Vietnam Service Medal, the Army Commendation Medal, the National Defense Service Medal, the Combat Infantryman Badge, and 2 overseas bars.

5. Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations. It states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. It states that the Republic of Vietnam Campaign Medal is awarded to personnel who served in Vietnam for 6 months during the period 1 March 1961 to 28 March 1973. It provides for award of one bronze service star to be worn on the Vietnam Service Medal for each credited campaign.

6. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.


7. Department of the Army Pamphlet 672-3 shows that the 1st Squadron, 1st Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August – 31 December 1969.

8. The Purple Heart certificate provided by the applicant shows that he was wounded in action on 3 September 1969.

CONCLUSIONS
:

1. The Purple Heart certificate provided by the applicant shows that he was wounded in action on 3 September 1969. His DA Form 20 shows that he was wounded on 2 September 1969. The Board concludes that his DA Form 20 substantiates that he was entitled to award of the Purple Heart.

2. The evidence of record shows that the applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 14 November 1968 – 13 November 1970.

3. The evidence of record shows that the applicant met the eligibility criteria for award of the Republic of Vietnam Campaign Medal and for award of 3 bronze service stars on the VSM.

4. The evidence of record shows that the applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so is entitled this award, also.

5. 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 by awarding the applicant the Purple Heart for wounds received in action on 3 September 1969 and by awarding him the Army Good Conduct Medal for the period 14 November 1968 – 13 November 1970.

2. That the applicant’s DD Form 214 be amended to delete the Vietnam Service Medal and to add the Vietnam Service Medal with 3 bronze service stars, the


Republic of Vietnam Campaign Medal, the Army Good Conduct Medal, the Purple Heart, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

__rvo___ __eja___ __rks___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Raymond V. O’Connor, Jr.
                  ______________________
                  CHAIRPERSON



INDEX

CASE ID AR2001064978
SUFFIX
RECON
DATE BOARDED 20020131
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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