Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002070065C070402
Original file (2002070065C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 November 2002
         DOCKET NUMBER: AR2002070065


         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. W. Osborn, Jr. Analyst


The following members, a quorum, were present:

Mr. Melvin H. Meyer Chairperson
Mr. Eric N. Andersen 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 award of the Purple Heart be shown on his DD Form 214 (Report of Transfer or Discharge)

3. The applicant states that he failed to notice that the Purple Heart was not listed on his DD Form 214 until he applied for health care at the Department of Veterans Affairs (VA). He submits a copy of a 15 October 1968 Purple Heart certificate showing that he was wounded in action on 14 October 1968.

4. The applicant’s military records show that he was inducted on 11 July 1967. Following training as an infantryman he served in Germany for approximately 4 months and was then transferred to Vietnam on 9 April 1968. He served with D Company, 2nd Battalion, 12th Infantry, 25th Infantry Division where he was awarded the Combat Infantryman Badge on 13 August 1968.

5. The applicant was wounded in action and apparently evacuated to the Walter Reed Army Medical Center, Washington, D.C. Various inquiries dating from 1969 indicate that his medical records were misplaced when or shortly after he left Walter Reed. The only available medical document that shows what happened to him is a Clinical Record Data Sheet indicating that he was seriously wounded in the chest by a booby trap on 14 October 1968.

6. The applicant was returned to duty in January 1969, stationed at Fort Benning, Georgia and separated as a specialist (E-4) with an honorable characterization of service on 11 July 1969, due to the expiration of his term of service. There are no discreditable incidents of record and his conduct and efficiency ratings were exclusively excellent throughout his period of active duty. His DD Form 214 lists his authorized awards as the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Vietnam Campaign Medal with 1960 device, the Expert Qualification Badge with Rifle Bar and the Combat Infantryman Badge.

7. Army Regulation 600-8-22 provides that the Presidential Unit Citation is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. Army Pamphlet 672-3 (Unit Citation and Campaign Register) indicates that Company D, 2nd Battalion, 12th Infantry was awarded the Presidential Unit Citation for the period
5 - 10 May 1968.


8. Army Pamphlet 672-3 also shows that the 2nd Battalion, 12 Infantry was awarded the Republic of Vietnam (RVN) Civil Actions Honor Medal, First Class, for the period 1 August 1967 to 12 January 1970.

9. Department of the Army General Orders 8 of 1974 awarded the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973.

10. Army Regulation 600-8-22 also provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. A record of punishment is not automatically disqualifying. At that time, a single conduct or efficiency rating of less than excellent was disqualifying; although, a “Good” academic mark in a service school was not disqualifying. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of non-favorable consideration and permits the individual to respond. At that time, non-favorable consideration was normally noted on the DA Form 20 (Enlisted Qualification Record.

CONCLUSIONS:

1. The applicant was wounded in action and awarded the Purple Heart.

2. As evidenced by his offense free behavior, excellent conduct and efficiency ratings, and combat awards the applicant distinguish himself by his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service and should be awarded the Good Conduct Medal.

3. The applicant was attached to units that were awarded the Presidential Unit Citation, and the RVN Gallantry Cross with Palm and Civil Action Honor Medal, First Class Unit Citations.

4. The above listed awards should be shown on the applicant's DD Form 214.

5. In view of the foregoing, correcting the applicant’s records as recommended below will correct an error and rectify injustices.


RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that, in addition to the awards currently shown on his DD Form 214, the individual concerned is authorized the Purple Heart, the Good Conduct Medal, the Presidential Unit Citation, the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Action Honor Medal, First Class Unit Citation.

BOARD VOTE:

__MHM__ __ENA__ __JTM___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ Melvin H. Meyer_______
                  CHAIRPERSON




INDEX

CASE ID AR2002070065
SUFFIX
RECON
DATE BOARDED 20021105
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2014 | 20140014749

    Original file (20140014749.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 and the Presidential Unit Citation. He was wounded in Vietnam, but he did not receive a Purple Heart. His service record does not contain orders that show he was awarded the Purple Heart or medical documents that show he was wounded in action.

  • ARMY | BCMR | CY2002 | 2002082706C070215

    Original file (2002082706C070215.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. His DD Form 214 lists his authorized awards as the Bronze Star Medal, the Purple Heart, Army Commendation Medal, The National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam (RVN) Campaign Medal with "1960-" device, the Combat Infantryman Badge and the Parachutist Badge. That all of...

  • ARMY | BCMR | CY2014 | 20140020960

    Original file (20140020960.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 15 June 1964 to 14 June 1967 and to correct 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 by: a. awarding him the Army Good Conduct Medal (1st Award) for his qualifying...

  • ARMY | BCMR | CY2009 | 20090005245

    Original file (20090005245.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, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. The applicant’s service records show he received conduct and efficiency ratings of "excellent" throughout his service and was promoted to specialist five during...

  • ARMY | BCMR | CY2011 | 20110018380

    Original file (20110018380.txt) Auto-classification: Approved

    Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Good Conduct Medal, and the Purple Heart. The evidence of record shows he was assigned to an infantry unit during his service in the RVN and the Purple Heart he was awarded for a fragment wound he sustained to his right leg strongly supports his having been...

  • ARMY | BCMR | CY2003 | 2003091813C070212

    Original file (2003091813C070212.rtf) Auto-classification: Approved

    In effect, the applicant requests that his DD Form 214 (Report of Transfer or Discharge) reflect award of the Purple Heart. There is insufficient evidence to grant his request for award of the Purple Heart. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.

  • ARMY | BCMR | CY2006 | 20060010603

    Original file (20060010603.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 February 2007 DOCKET NUMBER: AR20060010603 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. Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. He should be awarded the Good...

  • ARMY | BCMR | CY2011 | 20110005554

    Original file (20110005554.txt) Auto-classification: Approved

    The evidence clearly shows the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN. Records show the applicant participated in three campaigns during his service in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 4 August 1967 to 28 March 1969, b....

  • ARMY | BCMR | CY2011 | 20110015901

    Original file (20110015901.txt) Auto-classification: Approved

    The evidence of record confirms the applicant was awarded the BSM with “V” Device for heroism in the RVN on 9 May 1968 and this award was announced and authorized in GOs issued by the 199th Infantry Brigade, as evidenced by an entry in item 41 of his DA Form 20. The evidence of record also confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2004 | 20040009989C070208

    Original file (20040009989C070208.doc) Auto-classification: Approved

    Army Regulation 600-8-22, chapter 4 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...