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ARMY | BCMR | CY2002 | 2002071932C070403
Original file (2002071932C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 July 2002
         DOCKET NUMBER: AR2002071932


         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:

Mr. Raymond V. O’Connor Chairperson
Mr. John P. Infante Member
Mr. Stanley Kelley 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 was not awarded the Purple Heart after being wounded on 19 April 1968 when he was hit by enemy fire in Vietnam. In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge); a DD Form 1380 (U.S. Field Medical Card), dated 19 April 1968; three medical records; and a Department of Veterans Affairs Rating Decision, dated 3 January 2002.

4. The applicant’s military records show that he was inducted on 29 November 1966. He served as a light weapons infantryman and senior scout observer in Vietnam from 22 May 1967 through 9 May 1968 and was honorably released on 27 November 1968.

5. The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.

6. The applicant provided a DD Form 1380 (U.S. Field Medical Card), dated
19 April 1968, which shows he sustained a shrapnel wound to the right side of his face and neck. This medical card also shows that the applicant’s injury was incurred as a result of hostile action.

7. 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 the unit, to which the applicant was assigned, the 3rd Squadron of the 11th Armored Cavalry Regiment, was cited for award of the Presidential Unit Citation for actions during the period 12 March 1968 to
1 April 1968 by Department of the Army General Orders Number 69, dated 1969. This award is not shown on his discharge document.

8. Department of the Army Pamphlet 672-3 shows the applicant’s unit was cited for award of the Valorous Unit Award for actions on 19 June 1967 and 21 July 1967 by Department of the Army General Orders Number 1, dated 1969. This award is not shown on his discharge document.

9. Department of the Army Pamphlet 672-3 shows the applicant’s unit was also cited for award of the Meritorious Unit Commendation for actions during the period 13 September 1966 to 31 May 1967 by Department of the Army General Orders Number 32, dated 1969. This award is not on his discharge document.

10. 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.
11. 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.

CONCLUSIONS:

1. Medical evidence of record shows the applicant was wounded as a result of hostile action on 19 April 1968 in Vietnam. Therefore, the applicant is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2. The applicant’s unit was cited for the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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, the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

RVO____ JPI____ SK______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor_____
                  CHAIRPERSON




INDEX

CASE ID AR2002071932
SUFFIX
RECON
DATE BOARDED 20020718
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2. 107.0000
3.
4.
5.
6.


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