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ARMY | BCMR | CY2002 | 2002070679C070402
Original file (2002070679C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 15 AUGUST 2002
         DOCKET NUMBER: AR2002070679


         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. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Irene N. Wheelwright Member
Mr. Jose A. Martinez 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 DD Form 214 be corrected to show that he received two awards of the Purple Heart.

3. The applicant states that he was awarded two Purple Heart medals, but they are not shown on his DD Form 214.

4. The applicant’s military records show that he was inducted into the Army on 27 May 1968, trained as an infantryman, and in October 1968 was assigned to Company A, 4th Battalion, 21st Infantry of the 11th Infantry Brigade in Vietnam.
On 6 February 1969 the applicant’s next of kin was informed that the applicant had been wounded as a result of hostile action on 5 February 1969, receiving a fragment wound to his left thigh and left hip while on a combat operation.

5. The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was a patient in the 7th Field Hospital from February to April 1969, returning to his unit in April 1969.

6. General Orders Number 4854, Headquarters, Americal Division, show that the applicant was awarded the Purple Heart (first oak leaf cluster) for wounds received in action on 12 June 1969.

7. The applicant completed his tour in Vietnam and returned to the United States in October 1969. He participated in four campaigns during his tour in Vietnam and the 4th Battalion, 21st Infantry was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm for its actions during the applicant’s assignment to that unit.

8. The applicant was released from active duty on 26 May 1970 in the grade of E-5. He had two years of service. He was awarded the Combat Infantryman Badge and the Army Commendation Medal, among other awards. His DD Form 214 does not show two awards of the Purple Heart, award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, or reflect the number of campaigns in which the applicant participated.

9. Army Regulation 600-8-22 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. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.


CONCLUSIONS:

1. The applicant was wounded on two separate occasions during his tour in Vietnam. His DD Form 214 should show award of the Purple Heart (1st oak leaf cluster).

2. The applicant is entitled to award of the Vietnam Service Medal with four bronze service stars (one for each campaign). He is also entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

3. The applicant served his country faithfully and honorably as evidenced by his record. He is entitled to award of the Army Good Conduct Medal for his service from 27 May 1968 through 26 May 1970.

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 showing that the individual concerned was awarded the Purple Heart (1st oak leaf cluster), the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Army Good Conduct Medal.

BOARD VOTE:

__JNS __ __INW___ __JAM _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____John N. Slone______
                  CHAIRPERSON




INDEX

CASE ID AR2002070679
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020815
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.


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