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ARMY | BCMR | CY2002 | 2002067543C070402
Original file (2002067543C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 21 MARCH 2002
         DOCKET NUMBER: AR2002067543


         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. John N. Slone Chairperson
Ms. Linda D. Simmons Member
Mr. John T. Meixell 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 that his records be corrected to reflect award of the Purple Heart. He states that he personally put a copy of his award orders in his military personnel file but it is no longer in his file, and the award was omitted from his DD Form 214 (Report of Separation from Active Duty).

3. Records available to the Board indicate the applicant entered active duty on 24 July 1970 and served in Vietnam with the 17th Air Cavalry between December 1971 and May 1972.

4. According to a casualty report, contained in the applicant's file, he sustained a fragment wound to his chest on 16 May 1972 as a result of a "hostile rocket attack."

5. As a result of his injuries he was evacuated from Vietnam and ultimately assigned to a military medical facility in Colorado. There is, however, no indication he was ever awarded the Purple Heart.

6. Following release from the medical facility, the applicant completed his enlistment at Fort Carson, Colorado and on 27 September 1974 he was released from active duty.

7. In October 1972, after the applicant's departure from Vietnam, he was awarded the Republic of Vietnam Gallantry Cross with Gold Star, as an individual decoration. That award was not reflected on his DD Form 214.

CONCLUSIONS:

1. 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.

2. The evidence also confirms he was awarded a Republic of Vietnam Gallantry Cross with Gold Star, as an individual decoration, which was omitted from his separation document.

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; and

b. by showing that he was awarded the Gallantry Cross with Gold Star as an individual decoration.

BOARD VOTE:

__JNS __ ___LDS _ __JTM __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____John N. Slone_____
                  CHAIRPERSON




INDEX

CASE ID AR2002067543
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020321
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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