Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002072712C070403
Original file (2002072712C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 03 OCTOBER 2002
         DOCKET NUMBER: AR2002072712


         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
Mr. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Walter T. Morrison Member
Mr. Charles Gainor 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 his Achilles tendon of his left ankle was partially severed by shrapnel. It was not repaired until 1971 at the VA Medical Center in Iowa City.

4. The applicant’s military records show that he enlisted in the Army for three years on 1 April 1968, completed training, and was assigned to an engineer company in Germany as a power boat operator. He was promoted to pay grade E-4 in January 1969.

5. In January 1970 the applicant was assigned to the 497th Engineer Company in Vietnam, first as a light vehicle driver, and then as a power boat operator. He was promoted to pay grade E-5 in July 1970. On 25 November 1970 the applicant was awarded the Army Commendation Medal for meritorious service for the period January 1970 to January 1971.

6. Orders were published on 26 November 1970 assigning the applicant to the replacement battalion in Vietnam for further assignment to the transfer station at Fort Lewis, Washington, for separation. He participated in three campaigns during his tour in Vietnam. The 497th Engineer Company was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its actions during the time the applicant was assigned to that unit.

7. A 10 December 1970 report of medical examination shows that the applicant was medically qualified for separation with a physical profile serial of 1 1 1 1 1 1. On that report, the applicant stated that his medical condition had not changed since his last physical [examination], that his medical condition was excellent, and that he had reviewed his medical records. There is no indication on that report to show that he was wounded in action, or that he had a medical problem with his ankle.

8. The applicant was released from active duty on 10 December 1970 in pay grade E-5 with an honorable characterization of service. He had 2 years, 8 months, and 10 days of service. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows award of only the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, and the Marksman Marksmanship Qualification Badge with rifle bar.

9. The applicant is not listed as a casualty on the Vietnam casualty roster maintained by this agency.


10. Army Regulation 600-8-22 provides 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.

11. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

CONCLUSIONS:

1. There is no evidence and the applicant has not provided any, to show that he was wounded in action. His 10 December 1970 report of medical examination does not reflect any wounds, and the Vietnam casualty roster does not list him as having been wounded. There is insufficient evidence to grant his request for award of the Purple Heart.

2. The applicant served his country faithfully and honorably. He is entitled to award of the Army Good Conduct Medal for the period 1 April 1968 through 10 December 1970.

3. The applicant is also entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. He is entitled to award of the Vietnam Service Medal with three bronze service stars (one for each campaign).

4. The applicant was awarded the Army Commendation Medal. That award should be reflected on his DD Form 214.

5. 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 showing that the individual concerned was awarded the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal with three bronze service stars, and the Army Commendation Medal.


2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__INW __ __WTM__ __CG___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Irene N. Wheelwright____
                  CHAIRPERSON




INDEX

CASE ID AR2002072712
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021003
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.


Similar Decisions

  • ARMY | BCMR | CY2003 | 2003084863C070212

    Original file (2003084863C070212.rtf) Auto-classification: Approved

    The applicant states that the entry showing that he was awarded the Purple Heart is not on his DD Form 214 (Report of Transfer). The applicant was wounded in action. 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 Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

  • ARMY | BCMR | CY2006 | 20060002442C070205

    Original file (20060002442C070205.doc) Auto-classification: Approved

    He was assigned to Vietnam in duty MOS 12B20 as a combat engineer in September 1966. The applicant’s medical documents indicate he had an acute sprain to his right ankle; however, there is no evidence of record which verify that the applicant was wounded or injured as a result of hostile action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending item 23a on his DD Form 214 to show the entry “12B30 Combat...

  • ARMY | BCMR | CY2006 | 20060005478C070205

    Original file (20060005478C070205.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 October 2006 DOCKET NUMBER: AR20060005478 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. His DA Form 20 (Enlisted Qualification Record) does not list any wounds as a result of hostile action in item 40 (Wounds). Evidence shows that the applicant’s records contain administrative errors which do not...

  • ARMY | BCMR | CY2010 | 20100015153

    Original file (20100015153.txt) Auto-classification: Approved

    Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat wound or injury and item 41 (Awards and Decorations) does not show awards of the Purple Heart or the Bronze Star Medal. His service record is void of any orders that show he was awarded the Purple Heart; his name is not shown on the Vietnam casualty roster; his DA Form 20 does not indicate any combat wounds; and his official medical records are not available for review. Notwithstanding his...

  • ARMY | BCMR | CY2002 | 2002074181C070403

    Original file (2002074181C070403.rtf) Auto-classification: Approved

    He also provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). There are no orders in the applicant’s service personnel records which show he was awarded the Purple Heart. 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.

  • ARMY | BCMR | CY2007 | 20070009613C080213

    Original file (20070009613C080213.TXT) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 November 2007 DOCKET NUMBER: AR20070009613 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. There is no evidence of record to show that the applicant was awarded the Purple Heart; however, his name is listed on the Vietnam Casualty Roster as being wounded in action on 27 February 1969. As a result, the...

  • ARMY | BCMR | CY2008 | 20080010482

    Original file (20080010482.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 26 August 2008 DOCKET NUMBER: AR20080010482 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant’s PEB Proceedings which state he sustained multiple fragment wounds as a result of hostile artillery fire on 14 March 1971 in Vietnam is accepted as sufficient evidence on which to base award of the Purple Heart in this case. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him...

  • ARMY | BCMR | CY2014 | 20140000648

    Original file (20140000648.txt) Auto-classification: Approved

    However, his name is contained on the Vietnam Casualty Listing showing that he was injured on 12 July 1970 while serving in the rank of private first class (PFC). The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Deleting the award of the Vietnam Service Medal from his DD Form 214 * Awarding the applicant the Purple...

  • ARMY | BCMR | CY2014 | 20140000648

    Original file (20140000648 .txt) Auto-classification: Approved

    However, his name is contained on the Vietnam Casualty Listing showing that he was injured on 12 July 1970 while serving in the rank of private first class (PFC). The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Deleting the award of the Vietnam Service Medal from his DD Form 214 * Awarding the applicant the Purple...

  • ARMY | BCMR | CY2007 | 20070018414

    Original file (20070018414.txt) Auto-classification: Denied

    The applicant’s medical records show he was treated for a fractured ankle on 29 May 1969. 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. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.