| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. John N. Slone | Chairperson | |
| Ms. Irene N. Wheelwright | Member | |
| Mr. Jose A. Martinez | Member |
2. The applicant requests that he be awarded the Purple Heart.
3. The applicant states that he believes that he should have been awarded the Purple Heart for an injury to his toe that occurred when an enemy mortar struck the company latrine. In support of his application he submits a letter from a fellow soldier that served with him and a copy of a Department of Veterans Affairs (VA) Rating Decision regarding his claim for disability for the injury.
4. The applicant’s military records show that he was inducted in Louisville, Kentucky, on 1 May 1968. He successfully completed his training and was transferred to Vietnam on 18 September 1968, where he was assigned to the 64th Transportation Company for duty as a heavy truck driver.
5. He was advanced to the pay grade of E-4 on 15 February 1969 and departed Vietnam on 9 September 1969. He was transferred to Fort Campbell, Kentucky, where he remained until he was honorably released from active duty (REFRAD) on 30 April 1970, due to the expiration of his term of service. He had served 2 years of total active service and his report of separation (DD Form 214) shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Campaign Medal. His records also show that he received excellent conduct and efficiency ratings throughout his service and his records contain no evidence of derogatory information.
6. His personnel records contain no evidence of him being wounded or injured while in Vietnam. Additionally, a review of the Casualty File Listing maintained by the Total Army Personnel Command failed to show that he was ever reported as a casualty. The applicant’s medical records were released to the VA Regional Office in Indianapolis, Indiana, subsequent to his separation.
7. The VA Rating Decision provided by the applicant indicates that his medical records show that he was treated for a complaint of an infected toe on 24 March 1969 and that ointment and a dressing was applied. There is no evidence of any further treatment. The applicant also provided the same statement from a fellow soldier that he has provided to this Board and the VA denied service connection for his claimed injury on 14 March 2002.
8. The third party statement submitted by the applicant is from a fellow soldier who claims to have served with the applicant and indicates that he witnessed on two occasions, the applicant being in the vicinity of exploding mines and mortars, which caused loss of hearing and on one of the occasions, the applicant was injured in the foot and taken to the hospital when a mortar hit a latrine.
9. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.
10. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm and Gold Star (RVNGC w/Palm and GS) Unit Citation for service in Vietnam during the period the applicant was assigned. It also shows that his unit was also awarded the Meritorious Unit Commendation (MUC) for the period he was assigned.
11. Army Regulation 600-8-22 outlines the criteria for award of the Good Conduct Medal (GCMDL). It states, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each soldier who distinguishes him or herself from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout their service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. Separation transfer points will review records of enlisted personnel being separated to determine whether they qualify for award of the GCMDL. Where possible, a reasonable effort will be made to contact the unit commander prior to awarding the medal to qualified members.
CONCLUSIONS:
1. The Board finds that there is insufficient evidence in the available records to show that the applicant was wounded or injured in Vietnam during an action by enemy forces or that he was treated for such an injury that would qualify for award of the Purple Heart. Accordingly, in the absence of sufficient evidence to the contrary, there appears to be no basis to award him a Purple Heart.
2. However, the evidence of record does show that he is entitled to be awarded the RVNGC w/Palm and GS Unit Citation and the MUC. Therefore, the Board finds that it would be in the interest of justice to do so at this time.
3. The Board also notes that the applicant had excellent conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the GCMDL. Therefore, it would be in the interest of justice to award him the GCMDL for the period of 1 May 1968 through 30 April 1970.
4. 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 awarding the individual concerned the RVNGC w/Palm and GS Unit Citation, the MUC and the GCMDL for the period of 1 May 1968 through 30 April 1970.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__inw ___ __jm____ ___js ___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
____John N. Slone ______
CHAIRPERSON
| CASE ID | AR2002071964 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/08/15 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT PARTIAL |
| REVIEW AUTHORITY | |
| ISSUES 1. 61 | 107.0015/PH |
| 2. 102 | 107.0056/GCMDL |
| 3. 140 | 107.0094/RVNGC |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002076776C070215
He had served 2 years of total active service and was awarded the Vietnam Service Medal (VSM) with four bronze service stars, the Republic of Vietnam Campaign Medal, the National Defense Service Medal, and the Army Commendation Medal. The applicant has failed to show through the evidence submitted with his application or the evidence of record that he was wounded/injured in action against the enemy and that the treatment he received was made a matter of record. Accordingly, the Board has...
ARMY | BCMR | CY2002 | 2002068105C070402
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. The applicant requests that his records be corrected to reflect his award of the Purple Heart. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the MUC, the RVNGC w/Palm Unit Citation, the RVNGC w/GS Unit Citation, one silver service star for...
ARMY | BCMR | CY2002 | 2002073160C070403
He had served 2 years of total active service and was awarded the Combat Infantryman Badge, the Parachutist Badge, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, and the National Defense Service Medal. The evidence of record clearly shows that the Purple Heart was awarded to the applicant for his injuries in Vietnam on 9 January 1967. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual...
ARMY | BCMR | CY2002 | 2002073599C070403
He was initially assigned to the A Battery, 6 th Battalion, 29 th Artillery , 4 th Infantry Division as a cannoneer. Although the applicable regulation provides that the CIB is only awarded to personnel who possess an infantry military occupational specialty who are assigned to an infantry unit that engages in ground combat against an enemy; there were exceptions made through a published supplement which clearly indicates that radio operators who served as advisors in infantry or infantry...
ARMY | BCMR | CY2003 | 2003084961C070212
The applicant states, in effect, that he was wounded in Vietnam and was not awarded the Purple Heart. The evidence of record clearly shows that the applicant was wounded in Vietnam on 19 February 1969, while serving in the pay grade of E-4, and that he was hospitalized as a result of that wound. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for wounds received on 19 February 1969,...
ARMY | BCMR | CY2001 | 2001060831C070421
Given his record of exemplary service, the Board finds that it would be in the interest of justice to award him the GCMDL for the period of 22 November 1965 to 21 November 1968. In view of the foregoing, the applicant’s records should be corrected as recommended below. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the GCMDL for the period of 22 November 1965 to 21 November 1968, the RVNGC w/Palm Unit Citation and the PUC.
ARMY | BCMR | CY2005 | 20050010414C070206
The evidence of record clearly confirms the applicant’s contention that he was awarded the Purple Heart for wounds received in action in Vietnam on 16 May 1968. This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the GCMDL, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2002 | 2002077114C070215
The Soldier’s Medal is awarded to any person of the Armed Forces of the United States or of a friendly foreign nation who, while serving in any capacity with the Army of the United states, distinguished himself or herself by heroism not involving actual conflict with the enemy. The evidence of record fails to show that the applicant was wounded/injured as a result of enemy action. Additionally, there is no evidence that the applicant was recommended for an award of the Soldier’s Medal...
ARMY | BCMR | CY2004 | 2004100203C070208
The applicant is requesting correction of an alleged error which occurred on 19 February 1971. The evidence of record as well as the evidence submitted by the applicant with his application fails to show that the applicant was wounded in action against the enemy on or about 10 July 1970. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the GCMDL for the period of 20 February 1969 to 19 February 1971, the...
ARMY | BCMR | CY2005 | 20050003111C070206
This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal. As a result, the Board...