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ARMY | BCMR | CY2002 | 2002070439C070402
Original file (2002070439C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 August 2002
         DOCKET NUMBER: AR2002070439


         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:

Ms. Margaret K. Patterson Chairperson
Mr. Christopher J. Prosser Member
Mr. Harry B. Oberg 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.

3. The applicant states that he was wounded by shrapnel on 11 September 1967. He cites his Department of Veteran Affairs (VA) medical records to substantiate his case. He submits a copy a VA medical evaluation that states, "Medical records reflect treatment in Vietnam 9/11/67 for fragment wounds to the lower back…."

4. The applicant’s military records show he was inducted, entered active duty on 5 May 1966, and completed training as an infantryman. He served in Vietnam with 1st  Squadron, 11th Armored Cavalry Regiment from 9 April 1967 to 8 April 1968. He was separated in pay grade E-5 with an honorable characterization of service and transferred to the Army Reserve on 6 April 1968.

5. The applicants name appears on the Vietnam Casualty List as a combat casualty on 10 September 1967.

6. His DD Form 214 (Report of Transfer or Discharge) lists his authorized awards as the National Defense Service Medal, the Vietnam Campaign Medal [with 1960- Device], the Good Conduct Medal, the Vietnam Service Medal and the Combat Infantryman Badge.

7. The applicant's records contain orders authorizing the Marksman Qualification Badge with Rifle and Machinegun Bars and the Army Commendation Medal.

8. Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal. A silver service star is authorized in lieu of five bronze service stars. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. These include: Counteroffensive Phase II, ending 31 May 1967; Counteroffensive Phase III, ending on 29 January 1968; Tet Counteroffensive, ending on 1 April 1968; and Counteroffensive IV, ending on 30 June 1968;

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 11th Armored Cavalry Regiment was awarded the Valorous Unit Award for the period 15 January through 5 February 1968, and that the 1st  Squadron, 11th Armored Cavalry Regiment was awarded the Presidential Unit Citation for the period 11 March through 1 April 1968.


10. Department of the Army General Orders 8 of 1974 awarded the Republic of Vietnam 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.

CONCLUSIONS:

1. The Vietnam casualty list confirms that the applicant was wounded in action on 10 September 1967. He is entitled to award of the Purple Heart.

2. He served in Vietnam during four designated campaign periods and is entitled to four bronze service stars for wear on the Vietnam Service Medal.

3. The applicant's unit was awarded the Presidential Unit Citation and the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4. He has been awarded the Army Commendation Medal and the Marksman Qualification Badge with Rifle and Machinegun Bars.

5. All of the above listed awards should be shown on his DD Form 214.

6. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct errors and rectify an injustice.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is entitled to the Purple Heart for wounds sustained in action on 10 September 1967.

2. That, in addition to the awards currently listed on his DD Form 214, his authorized awards also include: the Purple Heart, the Army Commendation Medal, four bronze service stars for wear on the Vietnam Service Medal, the Presidential Unit Citation, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Marksman Qualification Badge with Rifle and Machinegun Bars.
BOARD VOTE:

_MKP___ __CJP___ _HBO___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Margaret K. Patterson___
                  CHAIRPERSON




INDEX

CASE ID AR2002070439
SUFFIX
RECON
DATE BOARDED 20020829
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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