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Decision Text

ARMY | BCMR | CY2002 | 2002072197C070403
Original file (2002072197C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 01 OCTOBER 2002
         DOCKET NUMBER: AR2002072197


         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
Ms. Margaret K. Patterson Member
Mr. Arthur A. Omartian 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 Silver Star and Purple Heart. He states the awards were omitted from his separation report. In support of his request he submits a copy of an order awarding him the Silver Star. The narrative citation in the orders mentions that he was wounded during the action which resulted in award of the Silver Star.

3. Records available to the Board indicate the applicant served an initial period of active duty between 1963 and 1965. He returned to active duty in March 1966. The applicant served an initial tour of duty in Vietnam between October 1967 and February 1968. During that tour of duty he was assigned to the 1st Battalion, 6th Infantry, 198th Infantry Brigade. According to documents in his service medical records, he sustained a gunshot wound to his right wrist on
8 February 1968 "during fire fight with enemy…." He was hospitalized in Vietnam and ultimately evacuated to William Beaumont General Hospital. There is no indication the applicant was awarded the Purple Heart for his combat wound. However, the applicant was awarded the Silver Star for his heroic actions on 8 February 1968. That award was confirmed in orders issued by the Americal Division in May 1968.

4. The applicant returned to Vietnam in September 1970 and served more than 18 months with the United States Military Assistance Command, Vietnam as a section squad leader. He returned to the United States in March 1972. He was discharged on 8 August 1974. His separation documents do not reflect award of the Silver Star or Purple Heart.

5. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

6. A review of Department of the Army Pamphlet 672-3 indicates that the applicant is entitled to a Valorous Unit Award and a Republic of Vietnam Gallantry Cross Unit Citation with Palm as a result of his tours of duty in Vietnam. Both awards were omitted from his separation document.

CONCLUSIONS:

1. The evidence confirms the applicant was awarded a Silver Star for his heroic actions on 8 February 1968. His records should be corrected accordingly.

2. The evidence also confirms the applicant was wounded as a result of hostile action on 8 February 1968 and he is, therefore, entitled to an award of the Purple Heart.

3. The Board also notes that the applicant is entitled to a Valorous Unit Award and a Republic of Vietnam Gallantry Cross Unit Citation with Palm, as a result of his tours of duty in Vietnam.

4. 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 individual concern was awarded the Silver Star;

b. by awarding him the Purple Heart for wounds sustained on 8 February 1968; and

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

BOARD VOTE:

__RVO__ __MKP __ __AAO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor, Jr.
                  CHAIRPERSON




INDEX

CASE ID AR2002072197
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021001
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. 107.00
2.
3.
4.
5.
6.


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