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ARMY | BCMR | CY2002 | 2002067827C070402
Original file (2002067827C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 April 2002
         DOCKET NUMBER: AR2002067827


         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Ms. Joann Langston Chairperson
Mr. George D. Paxson Member
Mr. Charles Gainor 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

3. The applicant states that he would like to have his Purple Heart listed on his DD Form 214 for public record. He contends that it was not listed at the time of his discharge. He submits a copy of his DD Form 214 and award certificate for award of the Purple Heart in support of his application.

4. The applicant’s military records show that he was inducted in the Army on 6 December 1967. He successfully completed basic and advanced individual training and served in Vietnam from 12 May 1968 through 27 November 1968 as a cannoneer. He served in Okinawa from 28 November 1968 through 28 November 1969 and was honorably released from active duty on 29 November 1969.

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

6. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "Perforated eardrums 28 Aug 68".

7. The applicant's service personnel records contain a Western Union telegram, dated 1 September 1968, which indicates that he was slightly wounded in Vietnam on 28 August 1968 as a result of hostile action.

8. The applicant provided a copy of an award certificate which shows he was awarded the Purple Heart on 31 August 1968 for wounds sustained in Vietnam on 28 August 1968.

9. The Board noted that the applicant was 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 which are not shown on his discharge document.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant’s assignment to the 4th Battalion of the 42nd Artillery, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 3, dated 1970. This document also shows that the 4th Battalion of the 42nd Artillery was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class by Headquarters Department of the Army General Orders Number 53, dated 1970.

CONCLUSIONS:

1. There are no orders available to the Board which authorize award of the Purple Heart to the applicant. However, the applicant has provided an award certificate which shows he was awarded the Purple Heart on 31 August 1968 for wounds sustained in Vietnam on 28 August 1968. Also, the applicant's records contain a copy of a Western Union telegram which shows he was injured in action on 28 August 1968. Upon review, the Board has determined that this evidence is sufficient as a basis to correct his military records to show award of the Purple Heart.

2. Orders show the applicant 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. 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 by showing the applicant was awarded the Purple Heart, 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:

JL_____ GDP_____ CG______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Joann Langston________
                  CHAIRPERSON




INDEX

CASE ID AR2002067827
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020425
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. 107.0015
2.
3.
4.
5.
6.


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