Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001065918C070421
Original file (2001065918C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 31 January 2002
         DOCKET NUMBER: AR2001065918


         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. 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 award of the Purple Heart.

3. The applicant states that he was wounded in Vietnam and was awarded the Purple Heart while hospitalized in Japan. He states further that the Purple Heart was never added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4. The applicant’s military records show that he was inducted on 8 December 1965 and completed training as an infantryman. He served in Vietnam from 28 September 1966 until he was wounded in Vietnam and medically evacuated to Japan in February 1967. The applicant was honorably separated from active on 3 October 1967 by reason of physical disability.

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

6. There are no orders in the applicant’s records for award of the Purple Heart. Medical records show that the applicant sustained fragmentation wounds to his lower body on 21 January 1967 in Vietnam when an enemy booby trap was detonated. The applicant’s DA Form 20 (Enlisted Qualification Record) also shows in item 40 (Wounds) the entry, “FW: both legs 21 Jan67” [fragmentation wounds: both legs 21 January 1967].

7. 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 48, dated 1971.

8. Department of the Army Pamphlet 672-3 also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 9, dated 1970.

9. Army Regulation 600-8-22 (Military Awards) 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. Medical records show the applicant was wounded as a result of hostile action. Therefore, he is entitled to award of the Purple Heart and correction of his records to show that award.

2. Orders show that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his records to show these foreign 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:

         a. by awarding the individual concerned the Purple Heart for wounds sustained in Vietnam on 21 January 1967; and

         b. by showing that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

__RVO__ __RKS__ __EJA___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Mr. Raymond V. O’Connor, Jr.
                  CHAIRPERSON




INDEX

CASE ID AR2001065918
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020131
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.


Similar Decisions

  • ARMY | BCMR | CY2001 | 2001060582C070421

    Original file (2001060582C070421.rtf) Auto-classification: Approved

    The records show that on 3 May 1967, the applicant was awarded the Purple Heart as a result of the wounds that he received in action on 1 May 1967. The DD Form 214, that he was furnished at the time of his release from active duty shows that he was awarded the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the National Defense Service Medal, the Combat Infantryman Badge and the Expert Badge (Rifle M-14). It also shows that the unit was awarded the Republic of Vietnam Civil...

  • ARMY | BCMR | CY2001 | 2001065181C070421

    Original file (2001065181C070421.rtf) Auto-classification: Approved

    The applicant states that award of the Purple Heart was omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant’s DA Form 20 shows that he sprained his ankle on 30 September 1968, but other evidence of record shows that he was wounded as a result of hostile action on 30 September 1968 in Vietnam. Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained on 30 September 1968 and correction of his records to...

  • ARMY | BCMR | CY2002 | 2002082215C070215

    Original file (2002082215C070215.rtf) Auto-classification: Approved

    However, there is no evidence of record that shows the applicant received a third wound that resulted from hostile action. The evidence of record shows that the applicant served in Vietnam during three campaigns entitling him to wear three bronze service stars with the Vietnam Service Medal. That all of the Department of the Army records related to this case be corrected by awarding the applicant the second award of the Purple Heart for wounds received on 14 March 1968 and the Good Conduct...

  • ARMY | BCMR | CY2003 | 2003086688C070212

    Original file (2003086688C070212.rtf) Auto-classification: Approved

    However, his records do show that he was awarded a temporary physical profile for temporary duty restrictions due to multiple fragment wounds – (L) Hand and Wrist: contusion of left median nerve. Although the applicant's medical records are not available for the Board to review, the Board finds it reasonable to presume that he was in fact wounded in action against the enemy on 19 June 1970, the date he was evacuated. RECOMMENDATION : That all of the Department of the Army records related...

  • ARMY | BCMR | CY2001 | 2001060866C070421

    Original file (2001060866C070421.rtf) Auto-classification: Approved

    The applicant requests correction of his records to show award of the Purple Heart. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which was authenticated in his own hand at the time of his separation from the Service, does not show the Purple Heart as an authorized award. The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

  • ARMY | BCMR | CY2002 | 2002073714C070403

    Original file (2002073714C070403.rtf) Auto-classification: Approved

    It also provides that the Republic of Vietnam Campaign Medal with device 1960 is awarded to members who served in Vietnam for 6 months or, if in Vietnam for less than 6 months, were wounded by hostile forces. The evidence of record shows the applicant was wounded in action and his wounds treated by medical personnel; therefore, he met the eligibility criteria for award of the Purple Heart. That all of the Department of the Army records related to this case be corrected by awarding the...

  • ARMY | BCMR | CY2002 | 2002076449C070215

    Original file (2002076449C070215.doc) Auto-classification: Approved

    The applicant’s DA Form 20 shows that he was assigned to Company A, 1st Battalion of the 327th Infantry in Vietnam as an infantryman on 8 April 1968. That report does not indicate that the applicant was wounded in action. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart, the Marksmanship Marksman Qualification Badge with rifle bar, the Republic of Vietnam Gallantry Cross...

  • ARMY | BCMR | CY2002 | 2002077449C070215

    Original file (2002077449C070215.rtf) Auto-classification: Approved

    His DD Form 214 (Report of Transfer or Discharge) shows award of the National Defense Service Medal and the Vietnam Service Medal. His record should be corrected to show award of the Vietnam Service Medal with one bronze service star. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart, the Army Good Conduct Medal, the Vietnam Service Medal with one bronze service star, the Presidential Unit...

  • ARMY | BCMR | CY2001 | 2001065727C070421

    Original file (2001065727C070421.rtf) Auto-classification: Approved

    The applicant states that he did not realize that the Purple Heart was not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The evidence confirms the applicant was wounded as a result of hostile action while in Vietnam and as such is entitled to an award of the Purple Heart. The applicant completed a qualifying period of service for award of the Good Conduct Medal on 7 July 1972 and the Board finds no basis to deny him the award for the period 18...

  • ARMY | BCMR | CY2002 | 2002070357C070402

    Original file (2002070357C070402.rtf) Auto-classification: Approved

    The applicant states that he was wounded in the head after being thrown from a vehicle while under sniper fire. He is entitled to award of the Army Good Conduct Medal. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal with “V” device, the Expert Qualification Badge with rifle bar, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross Unit...