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Decision Text

ARMY | BCMR | CY2002 | 2002070883C070402
Original file (2002070883C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 07 NOVEMBER 2002
         DOCKET NUMBER: AR2002070883


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. Thomas B. Redfern III Member
Mr. Donald P. Hupman, 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 his records be corrected to reflect award of the Purple Heart. He states that he was awarded the Purple Heart for combat wounds, but the award was omitted from his separation document.

3. Records available to the Board indicate the applicant initially entered active duty on 19 February 1969. He was assigned to Vietnam as an infantryman in August 1969 with the 1st Battalion, 61st Infantry. According to an entry on his Department of Army Form 20 (Enlisted Qualification Record) he sustained fragment wounds to the face on 12 November 1969. He was evacuated to Japan on 19 November 1969 and was assigned to a unit in Hawaii following completion of his medical treatment. His name is among those listed as combat casualties during the Vietnam War.

4. On 29 November 1970 the applicant was discharged for the purpose of immediate reenlistment. His 1970 separation document does reflect entitlement to the Purple Heart although the applicant's records do not contain a copy of orders confirming the award.

5. The applicant continued to serve on active duty until 13 December 1974 when he was released from active duty and assigned to the United States Army Reserve Control Group. Although his 1974 separation document does reflect awards earned by the applicant during his initial period of active duty, including an Army Commendation Medal with "V" device and the Combat Infantryman Badge, his award of the Purple Heart is not reflected on that document.

6. A review of Department of the Army Pamphlet 672-3 indicates that the applicant's unit (61st Infantry) was awarded a Valorous Unit Award and the Republic of Vietnam Gallantry Cross Unit Citation with Palm, while he was assigned to the unit.

CONCLUSIONS:

1. The Board concludes that there is sufficient evidence to conclude that the applicant was wounded in action on 12 November 1968 while in Vietnam. Although the Purple Heart is recorded on his 1970 separation document, the Board maintains that it would be appropriate, and in the interest of justice to reflect the Purple Heart on his 1974 separation document. This is particular appropriate in view of the fact that awards earned by the applicant during his initial period of active duty are reflected on the 1974 separation document.

2. The Board notes that the applicant is also entitled to a Valorous Unit Award and the Republic of Vietnam Gallantry Cross Unit Citation with Palm. His records should be corrected accordingly.

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:

a. by showing that the applicant was awarded the Purple Heart for wounds sustained on 12 November 1968 and adding that decoration to his 1974 separation document; and

b. by showing that he is entitled to a Valorous Unit Award and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

__RVO__ __TBR __ __DPH __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor, Jr.
                  CHAIRPERSON




INDEX

CASE ID AR2002070883
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021107
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.
2.
3.
4.
5.
6.


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