Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002070791C070402
Original file (2002070791C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 July 2002
         DOCKET NUMBER: AR2002070791


         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
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Ms. Karol A. Kennedy Chairperson
Mr. Arthur A. Omartian Member
Mr. Raymond J. Wagner 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 award of the Purple Heart.

3. The applicant states that he sustained a shrapnel injury in October or November 1967 and received 14 stitches in the back of his head. He contends that he never received a Purple Heart for this injury.

4. The applicant’s military records show that he was inducted on 6 October 1966. He served as a wheel vehicle mechanic in Vietnam from 7 April 1967 through 4 July 1968 and was honorably released on 7 July 1968.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6. There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

7. His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant’s name does not appear on the Vietnam Casualty Roster.

8. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, his records show that he served in five campaigns during his assignment in Vietnam.

9. 169th Engineer Battalion General Orders Number 16, dated 2 July 1968, show the applicant was awarded the first award of the Good Conduct Medal for the period 6 October 1966 to 5 October 1968. This award is not shown on his discharge document.

10. The applicant’s DD Form 214 shows one award of the Meritorious Unit Citation (correctly known as the Meritorious Unit Commendation). However, Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) which lists the unit awards received by units serving in Vietnam shows the applicant’s unit was cited for award of the Meritorious Unit Commendation for actions during the period 1 May 1967 to 31 October 1967 by Department of the Army General Orders Number 66, dated 1968. The applicant’s unit was also cited for the Meritorious Unit Commendation for actions during the period 1 November 1967 to 30 April 1968 by Department of the Army General Orders Number 43, dated 1969.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. This award is not shown on his discharge document.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 43, dated 1970. This award is not shown on his discharge document.

13. 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, and the medical treatment must have been made a matter of official record.

14. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

CONCLUSIONS
:

1. The Board considered the applicant’s contention that he sustained a shrapnel injury in October or November 1967 and received 14 stitches in the back of his head. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds sustained as a result of hostile action in Vietnam.

2. The applicant signed his discharge document on 7 July 1968 attesting to the fact that he was not entitled to award of the Purple Heart. Therefore, the Board determined that there was insufficient evidence on which to base award of the Purple Heart in this case.

3. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in five campaigns during his assignment in Vietnam which are not correctly shown by award of one silver service star for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one silver service star and correction of his DD Form 214 to show these awards.

4. The applicant received the first award of the Good Conduct Medal; therefore, he is entitled to correction of his military records to show this award.

5. The applicant’s DD Form 214 shows one award of the Meritorious Unit Commendation. However, evidence of record shows that his unit received two awards of the Meritorious Unit Commendation while he was assigned to it. Therefore, the applicant is entitled to correction of his military records to show two awards of the Meritorious Unit Commendation.

6. The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his military records to show these unit citations.

7. 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 showing that the individual concerned was awarded the Vietnam Service Medal with one silver service star, the Good Conduct Medal, two awards of 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.

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

BOARD VOTE:

KAK___ AAO_____ RJW_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Karol A. Kennedy______
                  CHAIRPERSON




INDEX

CASE ID AR2002070791
SUFFIX
RECON
DATE BOARDED 20020702
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2. 107.0000
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2013 | 20130004417

    Original file (20130004417.txt) Auto-classification: Approved

    The applicant provides: * award certificate for the Silver Star * award certificate for the Purple Heart for wounds received in action on 28 September 1967 CONSIDERATION OF EVIDENCE: 1. He served as an instructor assigned to the 23rd Administration Company in Vietnam from 22 March 1968 to 3 August 1968. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entries "PH" and "SSM" from his DD Form 214; and b....

  • ARMY | BCMR | CY2002 | 2002078916C070215

    Original file (2002078916C070215.rtf) Auto-classification: Approved

    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. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant's assignment to the 523rd Transportation Company, it was cited for award of the Meritorious Unit...

  • ARMY | BCMR | CY2005 | R20050000769C070206

    Original file (R20050000769C070206.doc) Auto-classification: Denied

    The applicant served in Vietnam until 21 November 1969 when he was assigned to Fort Carson, Colorado, to complete his military service obligation. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by: a. deleting the Vietnam Service Medal, with five bronze service stars from the applicant's DD Form 214; b....

  • ARMY | BCMR | CY2010 | 20100013460

    Original file (20100013460.txt) Auto-classification: Approved

    The applicant requests that his records be corrected to show award of four Purple Hearts. Headquarters, 1st Brigade, 101st Airborne Division, General Orders Number 463, dated 12 March 1967, awarded the applicant the Purple Heart for wounds received on 1 March 1967. 2nd Surgical Hospital (Mobile Army), General Orders Number 67, dated 17 August 1967, awarded the applicant the Purple Heart for wounds received on 16 August 1967.

  • ARMY | BCMR | CY2002 | 2002069033C070402

    Original file (2002069033C070402.rtf) Auto-classification: Approved

    The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 9 July 1968 covers both of his tours of duty in Vietnam. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. Evidence of record shows that the applicant served in seven campaigns during the Vietnam War.

  • ARMY | BCMR | CY2006 | 20060004248C070205

    Original file (20060004248C070205.doc) Auto-classification: Approved

    Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 13918, dated 12 November 1968, show the applicant received the Army Commendation Medal for meritorious service during the period October 1967 to October 1968. Therefore, the service medical records and the entry on the Vietnam Casualty Roster which show the applicant was wounded on 14 May 1970 as a result of hostile action are accepted as sufficient evidence on which to base award of the Purple Heart and correction of his...

  • ARMY | BCMR | CY2004 | 20040009917C070208

    Original file (20040009917C070208.doc) Auto-classification: Denied

    LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, award of the Purple Heart and correction of his separation document (DD Form 214) to show the Soldier’s Medal. The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

  • ARMY | BCMR | CY2010 | 20100022489

    Original file (20100022489.txt) Auto-classification: Approved

    The applicant provides the following: * Special Orders Number 128, dated 18 June 1965 * Meritorious Service memorandum, dated 6 May 1966 * Foreign Awards memorandum, dated 1 June 1967 * General Orders Number 3176, dated 22 May 1968 * DA Form 759 (Individual Flight Record and Flight Certificate-Army), dated June 1971 * Special Orders Number 178, dated 24 August 1972 * DD Form 214, effective 1 March 1969 CONSIDERATION OF EVIDENCE: 1. Records show he was awarded the Vietnam Service Medal. As...

  • ARMY | BCMR | CY2010 | 20100000425

    Original file (20100000425.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service. The document provided clearly identifies the applicant and shows he was treated for a shrapnel wound that he received from a booby trap on 12 July 1968. c. Despite the absence of any additional evidence in the applicant's military personnel records, it is concluded that the available...

  • ARMY | BCMR | CY2011 | 20110022518

    Original file (20110022518.txt) Auto-classification: Approved

    The Purple Heart, Bronze Star Medal, and Combat Infantryman Badge are not included in the list of earned awards contained in item 41 (Awards and Decorations) of his DA Form 20 and the applicant's Military Personnel Records Jacket is void of orders or any other documents that indicate he was ever recommended for or awarded the Purple Heart, Bronze Star Medal, or Combat Infantryman Badge during his active duty tenure. The applicant provides a letter from his company medic and his platoon...