Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001065527C070421
Original file (2001065527C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 March 2002
         DOCKET NUMBER: AR2001065527


         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. William Blakely 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, in effect, that his military records be corrected to show he was awarded the Purple Heart (PH).

3. The applicant states, in effect, that the PH is not listed in his separation document (DD Form 214) as an authorized award. In support of his application, he submits a copy of a PH certificate and a copy of his DD Form 214.

4. The applicant’s military records show that on 25 May 1970, he entered the Army for 2 years. He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman). He continuously served on active duty for 1 year, 6 months, and 21 days until
15 December 1971, at which time he was honorably released from active duty (REFRAD).

5. The applicant’s Enlisted Qualification Record (DA Form 20) shows that the highest rank and pay grade he attained while serving on active duty was specialist four/E-4 (SP4/E-4). It also confirms that he served in the Republic of Vietnam (RVN), from 26 October 1970 to 25 October 1971, was assigned to Company A, 4th Battalion, 21st Infantry Regiment, 11th Brigade, and that during his assignment tenure he participated in 1 campaign. Block 41 (Awards and Decorations) of his DA Form 20 shows that during his tenure on active duty, he earned the following awards: Bronze Star Medal; Army Commendation Medal; Air Medal; National Defense Service Medal; Combat Infantryman Badge; Vietnam Service Medal with 1 bronze service star; and RVN Campaign Medal with 60 Device.

6. The applicant’s Military Personnel Records Jacket (MPRJ) is void of any derogatory information and it contains no documents that indicate he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served during his tenure on active duty.

7. The applicant provided a copy of a PH certificate, dated 18 December 1970, which confirms that he wounded in action on 22 November 1970, while serving as a private first class (PFC) in the RVN.

8. In connection with the processing of this case, a member of the Board staff conducted a records search at the National Archives. This search produced a copy of General Orders Number 16033, dated 10 December 1970, issued by Headquarters, 23rd Infantry Division, which awarded the applicant the PH for wounds he received in connection with military operations against a hostile force in the RVN on 22 November 1970.


9. Army Regulation 600-8-22 prescribes the policy for the Army awards program. Paragraph 2-8 contains the policy for awarding the PH and it states, in pertinent part, that the PH 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.

10. Chapter 4 provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years, except in the case of the first award, in which case the qualifying period is 1 or more years if awarded at the termination of a period of Federal military service. Although there is no automatic entitlement to the AGCM, disqualification must be justified.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This document shows that during his assignment tenure, the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

CONCLUSIONS:

1. The Board notes the applicant’s contention that his military records should show he was awarded the PH and it finds this claim has merit. The evidence of record confirms that the applicant was awarded the PH for wounds received in action on 22 November 1970, while serving as a PFC in the RVN. Thus, the Board concludes it would be appropriate to add this award to his record at this time.

2. In addition, given that the record is void of any derogatory information or of a specific unit commander disqualification, the Board concludes that the applicant is entitled to the first award of the AGCM for his qualifying period of honorable service from 25 May 1970 to 15 December 1971. Therefore, the Board concludes that it would be appropriate to add this award to his record at this time.

3. Finally, the record confirms that the applicant’s unit earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his assignment tenure, and the Board finds it would also be appropriate to add this award to his record at this time.


4. In view of the foregoing, the applicant’s record should be corrected as recommended below.

RECOMMENDATION
:

That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was awarded the PH, Army Good Conduct Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and by providing him a corrected separation document that reflects these awards.

BOARD VOTE:

__FNE__ ___LE___ ___TL___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn___
                  CHAIRPERSON




INDEX

CASE ID AR2001065527
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/03/28
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. 107.0015
2.
3.
4.
5.
6.



Similar Decisions

  • ARMY | BCMR | CY2002 | 2002067839C070402

    Original file (2002067839C070402.rtf) Auto-classification: Approved

    By regulation, in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. Therefore, the Board concludes it would be appropriate to award him the PH at this time. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for being wounded in action, while serving as a SGT/E-5 in the RVN, on 18 February 1970;...

  • ARMY | BCMR | CY2003 | 2003083521C070212

    Original file (2003083521C070212.rtf) Auto-classification: Approved

    The certificate and awards orders for the PH provided by the applicant confirm that he was awarded the PH for wounds received in the RVN on 7 December 1969. It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. That all of the Department of the Army records related to this case for the individual concerned be corrected by showing he was awarded the Purple Heart and Air Medal while serving in the RVN; by awarding him the first award of...

  • ARMY | BCMR | CY2001 | 2001065619C070421

    Original file (2001065619C070421.rtf) Auto-classification: Approved

    It confirms that units with which the applicant served earned the following awards during his tenure of assignment: Valorous Unit Award, for the period 1 May through 29 June 1970, as authorized in Department of the Army General Order (DAGO) 43, issued in 1972; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. The evidence of record confirms that on 16 May 1970, while assigned to the RVN and on a combat...

  • ARMY | BCMR | CY2002 | 2002080261C070215

    Original file (2002080261C070215.rtf) Auto-classification: Approved

    The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents that indicate that he was ever wounded or injured in action, or that he was recommended for or awarded the PH. 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 a member is credited with participating in while serving in the RVN. During its...

  • ARMY | BCMR | CY2002 | 2002070667C070402

    Original file (2002070667C070402.rtf) Auto-classification: Approved

    The Board notes the applicant contention that he was wounded in action in the RVN and is entitled to the PH. By regulation, in order to support an award of the PH, it is necessary to establish that a member was wounded in action and that the wound, for which the award is being made, required treatment by a medical officer. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the first award of the Army Good Conduct Medal for...

  • ARMY | BCMR | CY2004 | 2004101955C070208

    Original file (2004101955C070208.doc) Auto-classification: Approved

    It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN. By regulation, in order to support award of the PH, it is necessary to have evidence confirming the member was wounded in action, was treated for the wound by military medical personnel and this record of treatment must have been made a matter official record. As a result, the Board recommends that all Department...

  • ARMY | BCMR | CY2007 | 20070012000C080407

    Original file (20070012000C080407.doc) Auto-classification: Approved

    The evidence of record contains orders confirming the applicant was awarded the PH for being wounded in action in the RVN on 19 September 1970. As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 1 July 1969 through 26 May 1971. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.

  • ARMY | BCMR | CY2009 | 20090000962

    Original file (20090000962.txt) Auto-classification: Approved

    The applicant requests, in effect, that the Purple Heart (PH), Air Medal (AM), Republic of Vietnam Campaign Medal (RVNCM), and Army Good Conduct Medal (AGCM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Therefore, it would be appropriate to award him the first award of the AGCM, for his qualifying period of honorable active duty service from 12 June 1969 through 14 March 1971. As a result, the Board recommends that all Department of the...

  • ARMY | BCMR | CY2002 | 2002066406C070402

    Original file (2002066406C070402.rtf) Auto-classification: Approved

    The applicant states, in effect, that he was wounded while serving in the Republic of Vietnam (RVN). In this case however, although there are no available records that provide the normal supporting evidence, the Board finds the reason cited in the orders awarding him the Army Commendation with “V” Device, specifically the portion confirming he was wounded during the course of this action, is sufficient to prove he was wounded in action and is therefore entitled to the PH. That all of the...

  • ARMY | DRB | CY2005 | 20050012592

    Original file (20050012592.doc) Auto-classification: Approved

    The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 8 January 1971 through 19 December 1971. By regulation, in order to support award of the PH, there must be evidence that wound for which the award is being was received as a direct result of, or was caused by enemy action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the first award of the Army...