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Decision Text

ARMY | BCMR | CY2001 | 2001065673C070421
Original file (2001065673C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 March 2002
         DOCKET NUMBER: AR2001065673


         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor Chairperson
Mr. John P. Infante 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

3. The applicant states that his DD Form 214 does not reflect entitlement to a Purple Heart. He contends that he was wounded on 6 February 1968 in Vietnam and was later medically retired due to the same wounds. The applicant provided a copy of his DD Form 214 in support of his application.

4. The applicant’s military records show that he entered active duty on 1 September 1965 for a period of three years. He successfully completed basic and advanced individual training and served in Germany from 31 August 1966 through 26 March 1967. He also served in Vietnam from 9 May 1967 through 6 March 1968 and was retired from the service on 4 December 1968 by reason of physical disability.

5. The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.

6. His personnel records contain 106th General Hospital General Orders Number 13, dated 21 February 1968, which awarded him the Purple Heart for wounds he sustained as a result of hostile action in Vietnam on 6 February 1968.

7. The Board noted that the applicant is entitled to award of the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his discharge document.

8. 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 Valorous Unit Award for actions during the period 22 April to 20 August 1967 by Department of the Army General Orders Number 43, dated 1972.

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) 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 3, dated 1970.

10. 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. Orders show the applicant was awarded the Purple Heart for wounds he sustained on 6 February 1968 as a result of hostile action. Therefore, the applicant is entitled to issuance of the Purple Heart and correction of his DD Form 214 to show this decoration.

2. Evidence of record shows the applicant was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 will be amended to show these 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, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

RVO_____ JPI_____ RKS____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O’Connor___
                  CHAIRPERSON




INDEX

CASE ID AR2001065673
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020307
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
ISSUES 1. 107.0015
2. 107.0033
3. 107.0094
4.
5.
6.


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