Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001065881C070421
Original file (2001065881C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 MARCH 2002
         DOCKET NUMBER: AR2001065881


         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. Stephanie Thompkins Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Raymond J. Wagner Member
Ms. Gail J. Wire 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 and the Army Commendation Medal.

3. The applicant states that he would like to have these awards shown on his separation document (DD Form 214). He submits a copy of his DD Form 214 in support of his application.

4. The applicant’s military records show that he was inducted into the Army on 30 August 1966.

5. Item 40 (Wounds) on his Enlisted Qualification Record shows he was wounded in the right leg on 7 August 1967.

6. Orders dated 26 October 1967 show he was awarded the Purple Heart for wounds he received as a result of action against the enemy on 5 August 1967.

7. He received conduct and efficiency ratings of “Excellent” throughout his military service.

8. His records do not show he was awarded the Army Commendation Medal.

9. He was honorably separated for expiration of term of service on 29 August 1968.

10. His decorations and awards include the National Defense Service Medal, Republic of Vietnam Campaign Medal, the Vietnam Service Medal with 3 Bronze Service Stars, the Marksman Badge w/Rifle Bar and the Combat Infantryman Badge.

11. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against the enemy or 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.

12. The regulation further provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.



13. The regulation also provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14. Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units from 8 February 1962 to 28 March 1973.

CONCLUSIONS:

1. The applicant is entitled to correction to his DD Form 214 dated 29 August 1968 to show he was awarded the Purple Heart.

2. The applicant’s records show he was wounded as a result of hostile action, which was made a matter of record. He was awarded the Purple Heart on official orders.

3. While the Board notes his Enlisted Qualification Record shows he was wounded on 7 August 1967, the official orders awarding the Purple Heart shows 5 August 1967.

4. Lacking any derogatory information on file in the applicant’s record or a specific disqualifying action from any of his unit commanders, the Board concludes the applicant served a qualifying period of honorable service that entitles him to receive the first award of the Army Good Conduct Medal. In addition, the Board finds that his service in the Republic of Vietnam entitles him to the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, the Board finds that it would be appropriate to add these awards on his records at this time.

5. The applicant’s records do not show he was awarded the Army Commendation Medal nor has the applicant provided evidence to show he is entitled to this award.

6. 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 on the DD Form 214 of the individual concerned award of the Purple Heart for wounds received in action in Vietnam on 5 August 1967;

b. by awarding him the Army Good Conduct Medal for his honorable service from 30 August 1966 to 29 August 1968; and

c. by awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:

_gjw____ _rjw____ _inw____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Irene N. Wheelwright
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001065881
SUFFIX
RECON
DATE BOARDED 20020312
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2. 110.00
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002075363C070403

    Original file (2002075363C070403.rtf) Auto-classification: Approved

    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 and the Expert Marksmanship Qualification Badge with Rifle Bar. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. However, there is no evidence of record, and the applicant has provided no medical evidence which shows he was wounded or treated for wounds as a result of...

  • ARMY | BCMR | CY2002 | 2002068818C070402

    Original file (2002068818C070402.rtf) Auto-classification: Approved

    The applicant's records contain 1st Cavalry Division General Orders Number 8402, dated 15 July 1968, which awarded him the Bronze Star Medal with "V" Device. For Vietnam service, one OSB is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. That all of the Department of the Army records related to this case be corrected by showing that he was awarded the Bronze Star Medal with "V" Device, the Good...

  • ARMY | BCMR | CY2002 | 2002075299C070403

    Original file (2002075299C070403.rtf) Auto-classification: Approved

    The applicant’s military records show that he was inducted in the Army on 11 April 1968. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. Therefore, he is entitled to correction of his records to show these awards.

  • ARMY | BCMR | CY2001 | 2001061116C070421

    Original file (2001061116C070421.rtf) Auto-classification: Approved

    He provides his DD Form 214; a newspaper article showing he was awarded two Purple Hearts, a BSM for heroism, and an Air Medal; and a 1 st Cavalry Division Vietnam Combat Certificate as supporting evidence. There is no evidence of record to show the applicant was awarded a second Purple Heart, a second and third Air Medal, or the BSM for heroism. The applicant was not assigned to a unit during a period of time that unit was awarded the PUC.

  • ARMY | BCMR | CY2001 | 2001062593C070421

    Original file (2001062593C070421.rtf) Auto-classification: Approved

    The applicant requests that his records be corrected to show entitlement to award of the Purple Heart (PH), the Republic of Vietnam (RVN) Gallantry Cross with Palm, RVN Civil Action Honor Medal First Class, Valorous Unit Award (VUA) and issuance of a new DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant states that he is entitled to the requested awards and provides evidence in the form of orders and a copy of a page 6 of a unit Staff Duty...

  • ARMY | BCMR | CY2001 | 2001053618C070420

    Original file (2001053618C070420.rtf) Auto-classification: Approved

    There are no orders in the applicant’s service record which shows that he was awarded the PH. Nor is there any evidence of record which shows he was recommended for the award. The evidence of record shows that the applicant met the criteria for award of the Army Good Conduct Medal for the period of 10 January 1967 to 29 November 1968.

  • ARMY | BCMR | CY2002 | 2002076269C070215

    Original file (2002076269C070215.rtf) Auto-classification: Approved

    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. Records available to the Board indicate the applicant entered active duty on 29 June 1967. The evidence confirms the applicant was wounded on two separate occasions while in Vietnam and as such, should be awarded two awards of the Purple Heart.

  • ARMY | BCMR | CY2002 | 2002075356C070403

    Original file (2002075356C070403.rtf) Auto-classification: Approved

    The applicant states, in effect, that he is entitled to the Purple Heart and it should be entered on his separation document. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part that a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. The evidence of record shows that the applicant is entitled to the Purple Heart by virtue of the wounds he suffered in Vietnam on 28...

  • ARMY | BCMR | CY2001 | 2001065441C070421

    Original file (2001065441C070421.rtf) Auto-classification: Approved

    In support of his application, he submitted a request for the National Archives and Records Administration to provide him with the documentation of his Purple Heart, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; a copy of his DD Form 214; a copy of an award certificate for award of the Air Medal; a citation for award of the Air Medal; a copy of an award certificate for award of the Army Commendation Medal; a citation for award of the Army...

  • ARMY | BCMR | CY2001 | 2001057002C070420

    Original file (2001057002C070420.rtf) Auto-classification: Approved

    Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was authorized awards of the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross (RVNGC) with palm during the period (18 months) in which the applicant was assigned to the 117 th Aviation Company. Although these awards were authorized subsequent to the applicant’s departure from Vietnam, the Board concluded, in the interest of equity, that the applicant’s record should be...