Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002069640C070402
Original file (2002069640C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 September 2002
         DOCKET NUMBER: AR2002069640


         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. W. E. Schnupp Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Donald P. Hupman Member
Mr. William D. Powers 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 military records be corrected to show that he was awarded the Purple Heart, the Bronze Star Medal with “V” device and a 2nd award of the Air Medal.

3. The applicant states that he was wounded in the right leg on or about 6 September 1969. He was in the evacuation hospital at Cu Chi when he was given the Purple Heart by a colonel whose name was unknown to him.

4. The applicant’s military records show that he was inducted on 10 April 1968, was trained as a light weapons infantryman and served in Vietnam with Company B, 2nd Battalion, 18th Infantry, 1st Infantry Division, from 4 September 1968 to 13 March 1970 (as reflected on his Enlisted Qualification Record. The Vietnam service dates shown on his separation document are incorrect). He was honorably separated to the US Army Reserve on 14 March 1970 as a sergeant.

5. Awards reflected on his DD Form 214, Report of Transfer or Discharge, include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal, the Air Medal, the Combat Infantryman Badge and the Vietnam Gallantry Cross with Palm. Neither, the Bronze Star Medal with “V” device, the Purple Heart nor the Air Medal with 1st oak leaf cluster are shown as authorized awards.

6. Evidence contained in the applicant’s Official Military Personnel File shows that he was awarded the Bronze Star Medal with “V” device per Headquarters,1st Infantry Division, General Orders Number 12779, dated 5 December 1968, and the first oak leaf cluster to the Air Medal on 29 June 1969, per Headquarters, 1st Infantry Division, General Orders Number 6168.

7. The record contains no evidence that the applicant was wounded during his Vietnam tour of duty.

8. His Enlisted Qualification Record does show that during his service from 10 April 1968 until his separation on 14 March 1970, he had no lost time nor was he the subject of any disciplinary action. Moreover, his conduct and efficiency during this period were rated excellent.

9. The Vietnam Casualty List shows that the applicant was wounded in action in Vietnam on 5 September 1969.

10. Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the Army Good Conduct Medal is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service. For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The lack of disqualifying comments by a commander qualifies the use of such period toward the award.

11. The awards regulation also provides for service stars to be worn on campaign and service ribbons to denote an additional award or to denote participation in a designated campaign. The regulation further specifies that a silver service star is worn in lieu of five bronze service stars. The campaign credit list shows that during the applicant’s assignment in Vietnam, he should have been credited with participation in five campaigns: the Vietnam Counteroffensive, Phase V, from 1 July 1968 to 1 November 1968; the Vietnam Counteroffensive, Phase VI, from 2 November 1968 to 22 February 1969; Tet 1969 Counteroffensive, from 23 February 1969 to 8 June 1969; the Vietnam Summer-Fall 1969, from 9 June 1969 to 31 October 1969, and the Vietnam Winter-Spring 1970, from 1 November 1969 to 30 April 1970.

12. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that during the applicant’s tenure with the 2nd Battalion, 18th Infantry, 1st Infantry Division, the unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

CONCLUSIONS:

1. The evidence of record shows that the applicant was awarded the Bronze Star Medal with “V” device and the Air Medal with 1st oak leaf cluster per general orders published by the 1st Infantry Division. He is also entitled to the Purple Heart, which while not reflected in his records, should be authorized because of combat wounds he suffered on 5 September 1969, as noted in the Vietnam Casualty List.

2. The record also shows that during his active duty service from 10 April 1968 to 14 March 1970, he attained the grade of E-5 and his conduct and efficiency were consistently rated as excellent. Furthermore, since his record lacks any disqualifying comments that would have been the basis for denying him the Army Good Conduct Medal, it would be appropriate to authorize this award.

3. Finally, his lengthy period of his service in Vietnam from 4 September 1968 to 13 March 1970 should be reflected on his DD Form 214 instead of the dates that now appear there. Additionally, during his Vietnam service, he participated in 5 campaigns, which entitles him to 1 silver service star to be worn on the Vietnam Service Medal and his unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. Accordingly, both of these awards should be added to his records as well.

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:

a. showing that the individual concerned was awarded the Purple Heart, the Bronze Star Medal with “V” device, the Air Medal with 1st oak leaf cluster, the Army Good Conduct Medal for the period 10 April 1968 to 14 March 1970, 1 silver service star to be worn on the Vietnam Service Medal and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and

         b. correcting the dates of his service in Vietnam to show 4 September 1968 to 13 March 1970.

BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___________John N. Slone_______
                  CHAIRPERSON




INDEX

CASE ID AR2002069640
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020912
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
ISSUES 1. 100.00
2. 107.00
3. 110.04
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2008 | 20080012974

    Original file (20080012974.txt) Auto-classification: Approved

    His DD Form 214 for the period ending 20 March 1969 shows award of the Army Good Conduct Medal (3d Award), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the National Defense Service Medal (1st Oak Leaf Cluster), the Army Commendation Medal, the Purple Heart, and the Bronze Star Medal with "V" Device. His DD Form 214 for the period ending 30 September 1970 shows he was awarded the Bronze Star Medal (1st Oak Leaf Cluster) and two overseas service bars. ...

  • ARMY | BCMR | CY2013 | 20130013604

    Original file (20130013604.txt) Auto-classification: Approved

    During the applicant's period of service from 3 August 1967 to 1 August 1969, Soldiers were primarily identified using an Army service number (ASN). His DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214), dated 27 July 2011, shows he was awarded or authorized the: * Bronze Star Medal (3rd Award) * Combat Infantryman Badge * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * National Defense Service Medal * Republic of Vietnam Gallantry Cross...

  • ARMY | BCMR | CY2010 | 20100024384

    Original file (20100024384.txt) Auto-classification: Approved

    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 with Oak Leaf Cluster, Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation (2nd Award), RVN Civil Actions Honor First Class Unit Citation, Meritorious Unit Commendation, and RVN Gallantry Cross with Silver Star. The applicant provides his DD Form 214, effective 5 June 1970; DD Form 215 (Correction to DD Form 214), dated 2...

  • ARMY | BCMR | CY2011 | 20110011660

    Original file (20110011660.txt) Auto-classification: Approved

    His citation for award of the Army Commendation Medal with "V" Device which states he was wounded in action on 10 April 1968 in Vietnam is accepted as sufficient evidence on which to base award the Purple Heart. Orders show he was awarded two awards of the Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action on 10 April 1968 in Vietnam; b. deleting the...

  • ARMY | BCMR | CY2011 | 20110023678

    Original file (20110023678.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 26 January 2012 DOCKET NUMBER: AR20110023678 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: In Army Board for Correction of Military Records (ABCMR) Proceedings, Docket Number AR2002076629, dated 16 January 2003, the applicant submitted documentation pertaining to his military service for the period 29 June 1968 to 24 June 1970 that related to his service in the Republic of Vietnam. The applicant was charged with knowingly and willfully making materially false,...

  • ARMY | BCMR | CY2010 | 20100021932

    Original file (20100021932.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, Army Commendation Medal with "V" Device, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Ribbon with Device (1960), and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. Records show he participated in five campaign periods during his service in the Republic of Vietnam. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2010 | 20100015440

    Original file (20100015440.txt) Auto-classification: Approved

    There are no orders in his military personnel records that show he was awarded the Combat Infantryman Badge, Bronze Star Medal, and Purple Heart with 1st Oak Leaf Cluster. The evidence of record confirms he was awarded the Purple Heart, Silver Star, and Army Commendation Medal, and these awards are not listed on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214...

  • ARMY | BCMR | CY2009 | 20090018452

    Original file (20090018452.txt) Auto-classification: Approved

    The applicant requests that his record be corrected to show he was awarded three Purple Hearts. His records contain the following orders: * 3rd Field Hospital General Orders Number 329, dated 2 December 1969, awarded him the Purple Heart for wounds sustained in action on 1 December 1969 * 3rd Brigade, 9th Infantry Division General Orders Number 98, dated 30 December 1969 also awarded him the Purple Heart for wounds sustained in action on 1 December 1969 * II Field Force Vietnam General...

  • ARMY | BCMR | CY2010 | 20100025343

    Original file (20100025343.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 14 April 2011 DOCKET NUMBER: 20100025343 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Item 13 (Decorations, Medals, Badges, Citations, Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * National Defense Service Medal * Purple Heart * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Overseas Service Ribbon (5th Award) * Bronze Star Medal * Expert Infantryman Badge * Army Commendation Medal * Army Good Conduct...

  • ARMY | BCMR | CY2004 | 2004100328C070208

    Original file (2004100328C070208.doc) Auto-classification: Denied

    There are no orders in the applicant's service personnel records to show that he was reclassified and held an infantry MOS while he served in Vietnam. Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the units the applicant was assigned to were awarded the following awards as follows: a. Therefore, the Board requests that the CMSD-St. Louis...