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ARMY | BCMR | CY2002 | 2002071193C070402
Original file (2002071193C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 6 August 2002
         DOCKET NUMBER: AR2002071193


         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. Antoinette Farley Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Ms. Paula Mokulis Member
Mr. Donald P. Hupman 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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) dated 8 August 1970, be corrected to show award of the Purple Heart.

3. The applicant states, in effect, that he wants to correct his military record. In support of his claim the applicant submits a copy of his Purple Heart certificate dated 21 July 1970.

4. He was inducted 17 August 1968, completed basic combat training and advanced individual training and was awarded MOS (Military Occupational Specialty) 12C20 (Bridge Specialist).

5. On 3 July 1969, he was transferred to the Republic of Vietnam, for duty. After serving for 1 year in the Republic of Vietnam, with the 553rd Engineering Company (FB), he was wounded in combat on 4 June 1970.

6. On 4 August 1970, the applicant returned to the United States, and was released from active duty, on 8 August 1970, under the provisions of Army Regulation 635-200, section VII, chapter 5 as an overseas returnee. He was transferred to the United States Army Reserve (USAR) for completion of his obligation of service and received an honorable discharge on 1 September 1974. He was credited with 1 year, 10 months and 22 days of active military service and had no lost time. The highest rank he attained was pay grade E-4.

7. At the time of his separation, his DD Form 214, item 24 showed the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with (1960) Device, the Expert Qualification Badge (M-16) and the Marksman Qualification Badge (M-16). It does not show the award of the Purple Heart.

8. On 12 February 2002, the Army Reserve Personnel Center issued a DA Form
1577 (Authorization for Issuance of Awards), which shows the following awards were authorized: the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with (1960) Device, and the Expert Badge with Rifle Bar.

9. The applicant’s name does not appear on the Vietnam Casualty List for wounds received while in action. However, search of unit’s records at the National Archives, College Park, Maryland on 5 June 2002, produced a copy of General Orders Number 678, Headquarters, 18th Engineer Brigade, dated
30 July 1970, which shows that the applicant was awarded the Purple Heart for wounds received in hostile action, on 4 June 1970.


10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) dated 29 January 1988, shows that the applicant was assigned to a unit which was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 6, for the period 3 May 1970 through 30 April 1971.

11. This publication also shows that the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 8, dated 1974.

12. Army Regulation 600-8-22 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through
28 March 1973. Service on temporary duty must have been for 30 consecutive days or 60 nonconsecutive days. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. The applicant served during three campaign periods in the Republic of Vietnam: the Vietnam Summer-Fall 1969, ending on 31 October 1969; the Vietnam Winter-Spring 1970; ending on 30 April 1970; and the Sanctuary Counteroffensive 1970, ending on 30 June 1970.

CONCLUSIONS:

1. The applicant is entitled to award of the Purple Heart as evidenced by the General Orders Number 678, Headquarters, 18th Engineer Brigade.

2. The applicant is also entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars for wear on his Vietnam Service Medal. These awards should also be added to his DD Form 214.

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 the individual concerned is authorized the Purple Heart Medal; the Vietnam Service Medal with three bronze service stars; the Republic


of Vietnam Civil Actions Honor Medal First Class Unit Citation; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

___LLS__ __PM __ ___DPH__ GRANT AS STATED IN RECOMMENDATION

________ _______ _________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _ Luther L. Santiful__
                  CHAIRPERSON



INDEX

CASE ID AR2002071193
SUFFIX
RECON
DATE BOARDED 20020806
TYPE OF DISCHARGE (HD)
DATE OF DISCHARGE 1970-08-08
DISCHARGE AUTHORITY AR635-200
DISCHARGE REASON A107.0000
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0013
2. 107.0015
3.
4.
5.
6.


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