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Decision Text

ARMY | BCMR | CY2001 | 2001066232C070421
Original file (2001066232C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 09 APRIL 2002
         DOCKET NUMBER: AR2001066232


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Raymond J. Wagner Member
Mr. Donald P. Hupman, Jr. 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, award of the Purple Heart. He states, in effect, that "while in [a] war zone" he sustained a "crushing injury to [his] left wrist" and had four fingers "sewn back together" at the 93rd Evacuation Hospital in Vietnam. He notes that he sustained his injuries while working to protect the 93rd Evacuation Hospital in early 1968, is now receiving disability compensation from the VA, and has no use of his left wrist. In support of his request he submits a self-authored statement, a letter confirming disability compensation, and copies of a letter of commendation commending his engineer unit for the "construction of the 93rd Evacuation Hospital revetments and personnel bunkers" in the spring of 1968. He also describes his engineer duties while in Vietnam, his service during the 1968 TET offensive, and provides documents showing the location of his duties while in Vietnam.

2. He served on active duty between 4 August 1966 and 14 March 1969. While undergoing training at Fort Leonard Wood, Missouri, he was awarded a Sharpshooter Qualification Badge with "Rifle" bar. The badge was not reflected on his 1969 DD Form 214 (Armed Forces of the Unite States Report of Transfer or Discharge. The applicant was assigned to Vietnam as a member of Company B, 169th Engineer Battalion between January 1968 and March 1969.

3. On 13 March 1969 the applicant underwent a separation physical examination. Although the examination notes that the applicant was treated for a broken elbow, cracked ankle, and fractured wrist, there is no indication any of the injuries were the result of hostile action.

4. There is no evidence, or medical records, which confirm he was wounded as a result of hostile action while in Vietnam. The applicant's name is not listed on the Vietnam Casualty List.

5. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record. Wounds or injuries which were accidentally incurred, even though they may have occurred in a combat zone, do not meet the requirements for an award of the Purple Heart.

6. Subsequent to the applicant's separation, in 1993, officials at the Army Reserve Personnel Center authorized issuance of an Army Good Conduct Medal to the applicant. There is, however, no indication that his 1969 separation





document was corrected to reflect the award. The applicant did, however, have honorable service between 4 August 1966 and 14 March 1969 with no evidence of any misconduct.

7. By virtue of the applicant's service in Vietnam, between January 1968 and March 1969 with the 169th Engineer Battalion, he is entitled to a Meritorious Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal Unit Citation, and one silver service star and one bronze service star on his Vietnam Service Medal.

CONCLUSIONS:

1. There is no evidence, and the applicant has not provided any, which confirms he was wounded as a result of hostile action and as such there is no basis for an award of the Purple Heart.

2. The applicant did, however, complete a qualifying period of service for award of the Good Conduct Medal on 14 March 1969 and the Board finds no basis to deny him the award for the period 4 August 1966 through 14 March 1969.

3. The Board notes the applicant is also entitled to a Meritorious Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal Unit Citation, and one silver service star and one bronze service star on his Vietnam Service Medal. His records should be corrected accordingly.

4. 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 awarding the individual concerned the Good Conduct Medal for the period 4 August 1966 through 14 March 1969; and

b. by showing that he is entitled to a Meritorious Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal Unit Citation, and one silver service star and one bronze service star on his Vietnam Service Medal.




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

BOARD VOTE:

___RVO_ __RJW__ __DPH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O’Connor, Jr.
                  CHAIRPERSON




INDEX

CASE ID AR2001066232
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020409
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. 107.00
2.
3.
4.
5.
6.


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