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Decision Text

ARMY | BCMR | CY2002 | 2002070745C070402
Original file (2002070745C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 October 2002
         DOCKET NUMBER: AR2002070745


         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. E. Schnupp. Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Shirley L. Powell Member
Mr. Elzey J. Arledge, Jr. 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 the Purple Heart be added to his DD Form 214, Report of Transfer or Discharge.

3. The applicant states, in effect, that he was wounded in Vietnam and was awarded the Purple Heart but it is not shown on his DD Form 214.

4. In support of his request, he submits a copy of his DD Form 214, a copy of DD Form 215, Correction of DD Form 214 and a copy of a Purple Heart Certificate showing him as the recipient.

5. The applicant’s military records show that he was inducted on 2 July 1968 and served in Vietnam as an infantry indirect fire crewman with Company E, 2nd Battalion, 12th Cavalry, 1st Cavalry Division, from 13 December 1968 to 12 December 1969. He was honorably separated to the US Army Reserve on 1 July 1970 due to expiration of his term of service.

6. During his assignment in Vietnam, he was promoted to the rank of sergeant and was awarded the Silver Star, the Bronze Star Medal, the Army Commendation Medal, the Air Medal, the National Defense Service Medal, the Vietnam Service Medal with 2 Bronze Service Stars, the Vietnam Campaign Medal with 1960 Device, the Combat Infantryman Badge and the Expert and Sharpshooter Marksmanship Qualification Badges with Rifle Bars. The Purple Heart is not listed as an authorized award.

7. The certificate awarding him the Purple Heart is authenticated by the Commander of the 1st Cavalry Division and was awarded on 9 March 1969 for wounds received on 8 March 1969.

8. Block 40, wounds, of the applicant’s Enlisted Qualification Record, contains the entry “FW R-Shoulder 8 March 1969.” There is no other reference to his having been wounded elsewhere in the record. However, his name does appear on the Vietnam Casualty List as having been wounded on 8 March 1969. The record also reflects that his conduct and efficiency were consistently rated as excellent during the entire two-year period of his active duty service from 2 July 1968 to 1 July 1970.

9. Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the Purple Heart is awarded for a wound 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.

10. The same regulation provides, in pertinent part, that the Good Conduct Medal is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service. For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.

11. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that the applicant’s unit, Company E, 2nd Battalion, 12th Cavalry, 1st Cavalry Division, was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation during his assignment.

CONCLUSIONS:

1. Since the applicant’s name appears on the list of casualties wounded in Vietnam, and his Enlisted Qualification Record contains an entry validating his wounding, it is apparent that he was awarded the Purple Heart for wounds received in Vietnam on 8 March 1969 and is entitled to have it reflected on his DD Form 214.

2. Furthermore, based on his excellent performance of duty and his promotion to the rank of sergeant in only two years of service, it would be appropriate to recognize his exemplary conduct, efficiency and fidelity with award of the Good Conduct Medal for his service from 2 July 1968 to 1 July 1970. Additionally, based on his service with Company E, 2nd Battalion, 12th Cavalry, 1st Cavalry Division, he is also entitled to the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

3. 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 for



wounds received on 8 March 1969, the Good Conduct Medal for the period 2 July 1968 to 1 July 1970, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2002070745
SUFFIX
RECON YYYYMMDD
DATE BOARDED YYYYMMDD
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.



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