Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002066499C070402
Original file (2002066499C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 26 March 2002
         DOCKET NUMBER: AR2002066499


         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. Antoinette Farley Analyst


The following members, a quorum, were present:

Mr. George D. Paxson Chairperson
Ms. Deborah S. Jacobs Member
Mr. Ronald E. Blakely 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) dated August 15, 1967, be corrected to show award of the Purple Heart.

3. The applicant states, in effect, that his military record "does not list "me" as a Purple Heart recipient." The applicant submits a copy of his Purple Heart certificate dated November 1, 1966.

4. He was inducted August 16, 1965, completed basic combat training and Advanced Individual Training and was awarded MOS (Military Occupational Specialty) 11B20 (Light Weapons Infantryman). He served for 9 months and
15 days in the Republic of Vietnam with Company B, 2nd Battalion, 14th Infantry, 25 Infantry Division. On October 31, 1966, after being injured in combat, he was medically evacuated to Japan. On February 24, 1967, he was transferred from overseas in a patient status to U.S. Army Hospital, Fort Devens, Massachusetts. On March 26, 1967, he was temporarily assigned to the U.S. Army Personnel Center, Oakland, California awaiting separation processing.

5. On August 15, 1967 he was honorably separated and transferred to the United States Army Reserve for completion of his remaining service obligation. He was credited with 2 years of active service and no lost time. The highest grade he attained was pay grade E-5.

6. At the time of his separation, his DD Form 214, item 24 showed the following awards, the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal with
60 Device and the Good Conduct Medal. It does not show the award of the Purple Heart.

7. Further, the applicant’s DA Form 20 (Enlisted Qualification Record), item
40 (wounds) shows an entry dated October 31, 1966, indicating he received fragment wounding to his left arm. In addition, item 41 (Awards and Decorations) on his DA Form 20 shows he was issued a Purple Heart in accordance with General Orders Number 1374, Headquarters, 25th Infantry Divisions November 1, 1966.

8. The applicant’s name also appears on the Vietnam Casualty List for wounds received while in action on the same date.

9. 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. Sustaining 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. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) dated 29 January 1988, shows that the applicant was assigned to a unit which was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.

11. This publication also shows that the unit, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 8, dated 1974.

12. Army Regulation 600-8-22 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973. Service on temporary duty must have been for 30 consecutive days or
60 nonconsecutive days. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.

13. The applicant is entitled to two bronze service stars for wear on his Vietnam Service Medal for his participation in the Vietnam Counteroffensive Campaign and Counteroffensive Phase II.

CONCLUSIONS
:

1. The evidence of record substantiates that the applicant was awarded the Purple Heart.

2. The applicant is also entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation with two bronze service star for wear on his Vietnam Service Medal. These awards should also be added to his DD Form 214.

4. 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 adding the following awards and decorations to item 24 on his DD Form
214 issued to him on August 15, 1967:

a. the Purple Heart Medal;

b. the Vietnam Service Medal with two bronze service stars;

c. the Republic of Vietnam Civil Actions Honor Medal First Class

Unit Citation;

d. the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

__GDP___ __DSJ__ __REB__ GRANT AS STATED IN RECOMMENDATION

________ _______ _________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _George D. Paxson_______
                  CHAIRPERSON






INDEX

CASE ID AR2002066499
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020326
TYPE OF DISCHARGE (HD)
DATE OF DISCHARGE 19601127
DISCHARGE AUTHORITY AR635-200
DISCHARGE REASON A107.0000
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0013
2. 107.0015
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2010 | 20100025513

    Original file (20100025513.txt) Auto-classification: Approved

    The applicant states: * His DD Form 214 does not show the Bronze Star Medal with "V" Device or the Purple Heart * Orders for the Bronze Star Medal with "V" Device indicate he was wounded in the left leg 3. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1...

  • ARMY | BCMR | CY2003 | 2003085602C070212

    Original file (2003085602C070212.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. The applicant states that he was wounded in action in 1967. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Purple Heart for wounds received on 21 March 1967.

  • ARMY | BCMR | CY2011 | 20110016385

    Original file (20110016385.txt) Auto-classification: Approved

    This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The evidence of record shows he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from item 24 of his DD Form 214 the...

  • ARMY | BCMR | CY2009 | 20090000917

    Original file (20090000917.txt) Auto-classification: Approved

    Records show the applicant was inducted into the Army of the United States on 22 June 1966. The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides, in pertinent part, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, United States Army Vietnam by Department of the Army General Order Number 8,...

  • ARMY | BCMR | CY2008 | 20080017090

    Original file (20080017090.txt) Auto-classification: Approved

    The applicant’s DA Form 20 and the Purple Heart Certificate together are sufficient to support correction of the applicant’s records to reflect award of the Purple Heart for a wound received on 5 January 1967. It is appropriate to correct the applicant's DD Form 214 to include his award of the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to wear a bronze service star on his Vietnam Service Medal. As a result, the Board recommends that all Department of...

  • ARMY | BCMR | CY2008 | 20080019609

    Original file (20080019609.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, two bronze service stars to be affixed to his Vietnam Service Medal, the Army Commendation Medal, and a second award of the Purple Heart. Evidence of record shows the applicant was wounded in action on 19...

  • ARMY | BCMR | CY2010 | 20100030424

    Original file (20100030424.txt) Auto-classification: Approved

    Army Regulation 600-8-22 states the VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Therefore, it would be appropriate award him the Purple Heart for wounds sustained as a result of hostile actions in Vietnam on 18 July 1967 and correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2008 | 20080012880

    Original file (20080012880.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart, the Republic of Vietnam Gallantry Cross with Silver Star, the Presidential Unit Citation and any other awards or decorations to which he is entitled. Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Purple Heart, the Republic of Vietnam Gallantry Cross with Silver Star, or the...

  • ARMY | BCMR | CY2002 | 2002073696C070403

    Original file (2002073696C070403.rtf) Auto-classification: Approved

    The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Purple Heart, and the Expert Badge (Rifle M14). 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. Since the record is also devoid of any evidence of disciplinary...

  • 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...