| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Melvin H. Meyer | Chairperson | |
| Ms. Kathleen A. Newman | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
2. The applicant requests, in effect, that he be awarded the Purple Heart (PH).
3. The applicant states, in effect, that he was wounded during a fire fight and received medical treatment for his wounds in the field. In support of his application, he submits a copy of orders and citation that awarded him the Bronze Star Medal with “V” Device.
4. The applicant’s military records show that that he entered the Army on
24 January 1969, and that he was trained and served in military occupational specialty (MOS) 13A (Field Artilleryman). On 28 August 1970, he was honorably released from active duty (REFRAD), by reason of early separation of overseas returnees, in the rank of private first class (PFC).
5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) from 4 July 1969 to 2 August 1970. It also shows that while serving in the RVN, he was assigned to C Battery, 2nd Battalion, 40th Artillery, 199th Infantry Brigade, and that he performed duties in MOS 13A. This document also in Item 40 (Wounds) is blank and contains no entry that indicates he was wounded in action.
6. The DA Form 20 shows that during his active duty tenure, the applicant earned the following awards: Bronze Star Medal with “V” Device; Army Commendation Medal; Vietnam Service Medal; RVN Campaign Medal with 60 Device; and National Defense Service Medal.
7. The applicant’s MPRJ also contained a copy of General Orders Number 1346, dated 23 May 1970, issued by Headquarters, United States Army Vietnam, RVN, which awarded him the Bronze Star Medal with “V” Device in the rank of specialist four, for heroism in connection with military operations against a hostile force on 18 April 1970. The award orders contain a citation explaining the reason he earned this award. It states, in pertinent part, that the applicant’s unit was attacked by a heavily armed battalion of North Vietnamese regular soldiers. The citation further states that the applicant continually took an exposed position without regard for his personal safety in order to engage the enemy despite his wounds and intense enemy fire. Finally, it states that throughout the three hour battle the applicant fought courageously and successfully defended the fire base against overwhelming odds.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force. A wound is defined as an injury to any part of the body from an outside force or agent while engaged in action against the enemy.
9. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN.
10. Table B-1 of Army Regulation 600-8-22 lists all campaigns, service requirements, and inscriptions for streamers. This document confirms the applicant participated in four campaigns during his tenure in the RVN: Vietnam Summer-Fall 1969; Vietnam Winter-Spring1970; DA Sanctuary Counteroffensive; and Vietnam Counteroffensive Phase VII.
11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This document confirms that the applicant’s unit received the Meritorious Unit Commendation, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class during his assignment tenure in the RVN.
CONCLUSIONS:
1. The Board notes the applicant’s contention that he should be awarded the PH and finds this claim has merit.
2. By regulation, in order to award the PH an individual must have sustained a wound or injury in action, the wound or injury must have been treated by military medical personnel. The evidence of record confirms the applicant was wounded in action against enemy forces on 18 April 1970, while displaying heroic valor that resulted in him being awarded the Bronze Star Medal with “V” Device. Therefore, the Board concludes the regulatory guidance burden of proof has been satisfied in this case and the applicant should be awarded the PH at this time.
3. In addition, the applicant’s award of the Bronze Star Medal with “V” Device is not included in the list of awards in his separation document (DD Form 214). Therefore, the Board concludes it would be appropriate to add this award to his DD Form 214 at this time.
4. The record also confirms that during his assignment tenure in the RVN, he participated in four campaigns and the unit in which he served was awarded, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, the Board also concludes that it would be appropriate to add these awards to his record at this time.
5. 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 for the individual concerned be corrected by: awarding him the Purple Heart, for being wounded in action on 18 April 1970, while serving as a specialist four in the RVN; showing he earned the Bronze Star Medal with “V” Device; showing he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal with 4 bronze service stars for his unit service in the RVN; and providing him a corrected separation document that reflects these awards.
BOARD VOTE:
__MHM__ __KAN__ __DPH__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Melvin H. Meyer____
CHAIRPERSON
| CASE ID | AR2002070288 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/05/14 |
| 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. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003087220C070212
The applicant states, in effect, that his unit commander recommended he be awarded the PH and BSM with “V” Device. The PH and BSM with “V” Device are not included in this list of awards. That all of the Department of the Army records related to this case be corrected by showing that he is entitled to three bronze service stars with his Vietnam Service Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation; and...
ARMY | BCMR | CY2015 | 20150001805
The applicant's military records show he was inducted into the Army of the United States on 13 June 1968. Thus, it would be appropriate to award the applicant the PH for wounds received in action in the RVN on 20 May 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the: * Bronze Star Medal * Vietnam Service Medal with 2 bronze service stars b. awarding him the Purple Heart for...
ARMY | BCMR | CY2003 | 2003087327C070212
Therefore, the Board concludes it would be appropriate to award the applicant the PH at this time. Lacking any derogatory information on file and/or a specific disqualifying action from any of his active duty unit commanders, which would preclude him from receiving the AGCM, the Board concludes that the applicant served a qualifying period of service that entitles him to receive the first award of the AGCM. That all of the Department of the Army records related to this case for the...
ARMY | BCMR | CY2004 | 20040000373C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 January 2005 DOCKET NUMBER: AR20040000373 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, in effect, that due to an administrative oversight, he was never awarded a PH he was entitled to based on being wounded in action on 5 August 1969, while serving in the Republic of Vietnam (RVN)....
ARMY | BCMR | CY2006 | 20060013951C071029
The applicant requests, in effect, that the Purple Heart (PH) be added to the list of awards contained in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his 2 June 1970 separation document (DD Form 214). The applicant provides a PH Certificate, dated 17 January 1970, which shows he was awarded the PH for being wounded in action, while serving as a SSG in the RVN, on 7 January 1970. As a result, the Board recommends that all...
ARMY | BCMR | CY2002 | 2002066406C070402
The applicant states, in effect, that he was wounded while serving in the Republic of Vietnam (RVN). In this case however, although there are no available records that provide the normal supporting evidence, the Board finds the reason cited in the orders awarding him the Army Commendation with “V” Device, specifically the portion confirming he was wounded during the course of this action, is sufficient to prove he was wounded in action and is therefore entitled to the PH. That all of the...
ARMY | BCMR | CY2002 | 2002076090C070215
Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN. Lacking any derogatory information on file and/or a specific disqualifying action from any of his active duty unit commanders, which would preclude him from receiving the AGCM, the Board concludes that the applicant served a qualifying period of...
ARMY | BCMR | CY2003 | 2003086692C070212
The applicant states, in effect, he should have received the PH for wounds he received in action in the Republic of Vietnam (RVN) on 13 June 1969. He also indicates that the applicant refused medical evacuation, and he strongly encourages that the military records of the applicant be corrected to document the wounds he received in action and that the applicant be awarded the PH as a result. That all of the Department of the Army records related to this case be corrected by awarding the...
ARMY | BCMR | CY2004 | 20040009969C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 July 2005 DOCKET NUMBER: AR200470009969 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. Brenda K. Koch | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that Item 24 (Decorations, Medals, Badges,...
ARMY | BCMR | CY2002 | 2002077859C070215
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 separation document (DD Form 214) issued to and authenticated by the applicant with his signature on the date of his separation, 13 April 1970, lists the following awards he earned during his tenure on active duty in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons...