Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002070406C070402
Original file (2002070406C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 August 2002
         DOCKET NUMBER: AR2002070406


         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Ms. Paula Mokulis Member
Mr. Donald P. Hupman 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 he be awarded the Purple Heart (PH).

3. The applicant states that he was in a convoy that was ambushed. He received a shrapnel wound during that ambush which was treated by the unit’s medic. However, his wound and treatment were never reported which kept him from being awarded the PH.

4. In support of his request the applicant submits a page from his Department of Veterans Affairs (DVA) medical records, articles concerning the ambush in question, and a photo of enemy weapons his unit had captured.

5. The applicant’s military records show that he was inducted on active duty on 2 November 1965, was awarded the military occupational specialty of armor intelligence specialist, and was promoted to pay grade E-4. He served in Vietnam from 20 August 1966 to 19 August 1967. He was assigned to B Troop, 1st Squadron, 11th Armored Calvary Regiment from 17 May 1966 to 20 April 1967 (the unit had a permanent change of station from Fort Meade, Maryland, to Vietnam while the applicant was assigned to it), and was assigned to C Troop, 3rd Squadron, 5th Cavalry from 21 April to 9 August 1967. He was honorably released from active duty on 10 August 1967 due to having insufficient time left on his active duty service obligation to warrant reassigning him after his return from Vietnam. He was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Expert Badge with Rifle Bar, the Vietnam Campaign Medal, the Vietnam Service Medal, and the Overseas Service Bar. The applicant’s records do not contain any evidence of any disciplinary action being taken against him.

6. The applicant’s DA Form 20, Enlisted Qualification Record, item 40, Wounds, is blank. In the applicant’s separation physical examination taken on 10 August 1967, he completed a Report of Medical History, SF 89. He did not list any wounds on that form and answered “No” to the questions “Have you ever had any illness or injury other than those already noted?” and “Have you consulted or been treated by clinics, physicians, healers, or other practitioners within the past 5 years?”

7. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.





8. Army Regulation 600-8-22 also provides that the Army Good Conduct Medal (AGCM) 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.

9. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that B Troop, 1st Squadron, 11th Armored Calvary Regiment, was awarded the Presidential Unit Citation for the period 21 November through 2 December 1966. The unit also received the Republic of Vietnam Gallantry Cross with Palm Unit Citation awarded to all units in Vietnam from 20 July 1965 to 28 March 1973.

CONCLUSIONS:

1. While the Board has no doubt that the applicant was wounded in the ambush of his convoy as he states, such individual statements are acceptable only where corroborating evidence is available from official sources. In the absence of such information, there is insufficient evidence on which to base an award of the PH. As noted by the applicant himself, no record was made of his wound or the treatment he received for that wound.

2. However, the applicant served honorably and diligently, as evidenced by his being promoted rapidly and not having any disciplinary action taken against him. As such, it would appear that the applicant should have been awarded the AGCM.

3. In addition, the applicant was assigned to B Troop, 1st Squadron, 11th Armored Calvary Regiment when it was awarded the Presidential Unit Citation and when it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. These unit awards should also be added to his DD Form 214.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. 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 AGCM for the period covering 2 November 1965 through 10 August 1967; and

b. adding the AGCM, the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

___lls___ ___pm___ ____dph_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Luther L. Santiful__________
                  CHAIRPERSON




INDEX

CASE ID AR2002070406
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020806
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.



Similar Decisions

  • ARMY | BCMR | CY2010 | 20100025377

    Original file (20100025377.txt) Auto-classification: Approved

    Item 24 of the DD Form 214 shows the applciant earned the following awards: * Vietnam Service Medal (VSM) * ARCOM * Combat Infantryman Badge (CIB) * National Defense Service Medal (NDSM) * RVN Campaign Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 10. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United...

  • ARMY | DRB | CY2005 | 20050010874

    Original file (20050010874.doc) Auto-classification: Approved

    The applicant provided an affidavit from Jo___, who was with the applicant when the applicant was wounded on 2 December 1966. He also provided a supporting statement from his former platoon sergeant, who stated the applicant was one of about 10 wounded in action who did not need medical evacuation but confirmed the applicant was treated by the troop medic and returned to duty. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2015 | 20150002153

    Original file (20150002153.txt) Auto-classification: Approved

    A letter, dated 3 May 2010, wherein the NPRC advised him of his entitlement and shipment of the following awards: * Purple Heart * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Combat Infantryman Badge (1st Award) * Vietnam Campaign Medal with Device 1960 * Expert Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Automatic Rifle Bar * Republic of Vietnam Gallantry Cross With...

  • ARMY | BCMR | CY2009 | 20090001051

    Original file (20090001051.txt) Auto-classification: Approved

    Therefore, absent any evidence of record or independent documentary evidence provided by the applicant confirming his entitlement to the PH with 1st OLC, it would be appropriate to award him the PH and correct his record and separation document at this time to show his entitlement to 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 PH for wounds received in action on 11 March 1968; b....

  • ARMY | BCMR | CY2008 | 20080017511

    Original file (20080017511.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 1 August 1967 to show award of the Purple Heart, the Silver Star, the Army Commendation Medal, the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart, but his name appears on the Vietnam...

  • ARMY | BCMR | CY2011 | 20110010023

    Original file (20110010023.txt) Auto-classification: Approved

    The applicant states he was wounded in action in the Republic of Vietnam (RVN); however, his records do not show award of the Purple Heart. The applicant served a qualifying period of active enlisted service for the first award of the Army Good Conduct Medal from 8 November 1965 to 7 November 1968. a. 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 in the...

  • ARMY | BCMR | CY2007 | 20070002775C071029

    Original file (20070002775C071029.doc) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the two Purple Hearts he should have been awarded. The Vietnam Casualty Roster shows the applicant was wounded as a result of action on 24 May 1967; however, there is no evidence of record and the applicant provided none to show he was wounded a second time. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2002 | 2002069584C070402

    Original file (2002069584C070402.rtf) Auto-classification: Approved

    The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. The evidence of record also shows that the applicant participated in two campaigns during his assignment in Vietnam. That the applicant’s DD Form 214 be amended to show the Army Good Conduct Medal, the Purple Heart, the RVN Gallantry Cross with Palm Unit Citation, the Vietnam Service Medal with two bronze service stars, the Vietnam Campaign Medal with Device 60 and to correct his SSN to 292-__-___.

  • ARMY | BCMR | CY2012 | 20120020561

    Original file (20120020561.txt) Auto-classification: Approved

    This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. b. item 31 (Foreign Service) he served in Vietnam from 24 April 1967 through 23 April 1968. c. item 38 (Record of Assignments) while serving in Vietnam he was assigned to: * K Troop, 3d Squadron, 11th Armored Cavalry Regiment from 22 May...

  • ARMY | BCMR | CY2001 | 2001062593C070421

    Original file (2001062593C070421.rtf) Auto-classification: Approved

    The applicant requests that his records be corrected to show entitlement to award of the Purple Heart (PH), the Republic of Vietnam (RVN) Gallantry Cross with Palm, RVN Civil Action Honor Medal First Class, Valorous Unit Award (VUA) and issuance of a new DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant states that he is entitled to the requested awards and provides evidence in the form of orders and a copy of a page 6 of a unit Staff Duty...