Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002072875C070403
Original file (2002072875C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 May 2003
         DOCKET NUMBER: AR2002072875


         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. Lester Echols Member
Mr. Frank C. Jones, II 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 he be awarded the Purple Heart (PH).

3. The applicant states that in February or March, 1969, he was wounded by shrapnel to his neck while a door gunner in Vietnam.

4. The applicant’s military records show that he enlisted in the Regular Army on 5 February 1968, was awarded the military occupational specialty of aircraft maintenance crewman, and was promoted to pay grade E-4. He served in Vietnam from 10 September 1968 to 1 September 1969.

5. The applicant was honorably released from active duty on 4 February 1971 at the expiration of his term of service. His separation document shows that he was awarded the National Defense Service Medal, the Aircraft Crewman Badge, the Vietnam Service Medal with 2 bronze service stars, the Vietnam Campaign Medal with 1960 Device, and the Vietnam Cross of Gallantry with Palm.

6. The applicant's medical records show that he was treated for a shrapnel wound to his neck on 19 July 1969.

7. The applicant was awarded the Air Medal for Heroism on 30 October 1969 by General Orders Number 5560, Headquarters, 1st Aviation Brigade. The applicant was awarded the Air Medal for meritorious achievement on 2 November 1969 by General Orders Number 5634, Headquarters, 1st Aviation Brigade.

8. Army Regulation 600-8-22 also provides that the 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. A record of punishment is not automatically disqualifying. However, at that time, a single efficiency rating of less than excellent was disqualifying. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. At that time, nonfavorable consideration was normally noted on the DA Form 20.

9. 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.




10. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant served in Vietnam during Counteroffensive, Phase V, which started on 1 July 1968; Counteroffensive, Phase VI, starting on 2 November 1968; Tet 69 Counteroffensive, starting on 23 February 1969; and Vietnam Summer-Fall 1969, starting on 9 June 1969. This Pamphlet also shows that the applicant's unit was awarded the RVN Civil Actions Honor Medal, FC, Unit Citation, for a period which included the dates the applicant was assigned to that unit.

CONCLUSIONS:

1. The applicant was wounded by a hostile force while in combat. As such, he is entitled to the PH.

2. The applicant's records clearly show that he served with honor, being promoted on a regular basis and being awarded a decoration for valor. Since there is no evidence of any adverse action being taken against the applicant, it must be presumed that his lack of a Good Conduct Medal was an administrative oversight.

3. Also missing from the applicant's separation document are his Air Medal with V Device with Numeral 1, the RVN Civil Actions Honor Medal, FC, Unit Citation, and one bronze service star to his Vietnam Service Medal.

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 by:

         a. awarding to the individual concerned the PH for his wound in Vietnam;

         b. awarding him the Good Conduct Medal for the period 5 February 1968 to 4 February 1971;

         c. adding these awards and decorations to his separation document along with the Air Medal with V Device for Heroism, and the RVN Civil Actions Honor Medal, FC, Unit Citation; and





d. changing his Vietnam Service Medal with two bronze service stars to the Vietnam Service Medal with three bronze service stars.

BOARD VOTE:

___fcj___ ____lls___ ____le__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ________Luther L. Santiful________
                  CHAIRPERSON




INDEX

CASE ID AR2002072875
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030529
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.
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2003 | 2003084411C070212

    Original file (2003084411C070212.rtf) Auto-classification: Approved

    The applicant’s military records show that he was inducted and entered on active duty on 27 March 1968. The applicant’s military records show that he was rapidly promoted, there is no evidence of any adverse action being taken or considered against him, and there is no disqualification for the Good Conduct Medal contained in his DA Form 20. While not requested by the applicant, the Board also considered whether he should have been awarded the Good Conduct Medal.

  • ARMY | BCMR | CY2011 | 20110015901

    Original file (20110015901.txt) Auto-classification: Approved

    The evidence of record confirms the applicant was awarded the BSM with “V” Device for heroism in the RVN on 9 May 1968 and this award was announced and authorized in GOs issued by the 199th Infantry Brigade, as evidenced by an entry in item 41 of his DA Form 20. The evidence of record also confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2015 | 20150001805

    Original file (20150001805.txt) Auto-classification: Approved

    The applicant's military records show he was inducted into the Army of the United States on 13 June 1968. Thus, it would be appropriate to award the applicant the PH for wounds received in action in the RVN on 20 May 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the: * Bronze Star Medal * Vietnam Service Medal with 2 bronze service stars b. awarding him the Purple Heart for...

  • ARMY | BCMR | CY2014 | 20140018884

    Original file (20140018884.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-200, chapter 9, in effect at the time, stated that wounds or injuries requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the PH (2nd...

  • ARMY | BCMR | CY2002 | 2002077859C070215

    Original file (2002077859C070215.rtf) Auto-classification: Approved

    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 separation document (DD Form 214) issued to and authenticated by the applicant with his signature on the date of his separation, 13 April 1970, lists the following awards he earned during his tenure on active duty in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons...

  • ARMY | BCMR | CY2002 | 2002077982C070215

    Original file (2002077982C070215.rtf) Auto-classification: Approved

    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 states he was wounded in action and was awarded the PH. Army Regulation 600-8-22 also provides that the 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.

  • ARMY | BCMR | CY2002 | 2002077721C070215

    Original file (2002077721C070215.rtf) Auto-classification: Approved

    The applicant states he was awarded the PH, but it does not show up on his military records. Since a ruptured eardrum is a wound, the applicant is entitled to the PH. While not requested by the applicant, the Board considered whether he should have been awarded the Good Conduct Medal.

  • ARMY | BCMR | CY2003 | 2003089530C070403

    Original file (2003089530C070403.rtf) Auto-classification: Approved

    The applicant states, in effect, that he was wounded while serving in the Republic of Vietnam (RVN) in February 1968. The evidence of record provides no confirmation that the applicant was ever wounded in action or that he was ever treated for a wound or injury received in action. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is entitled to 4 bronze service stars with his Vietnam Service Medal, the Republic of...

  • ARMY | BCMR | CY2009 | 20090017726

    Original file (20090017726.txt) Auto-classification: Approved

    The applicant requests award of the Purple Heart (PH) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. DAGO Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation __________X_____________ CHAIRPERSON I certify...

  • ARMY | BCMR | CY2015 | 20150001768

    Original file (20150001768.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). While the applicant does not specifically state the awards that he wants added to his DD Form 214, the supporting evidence he provides includes two PH certificates which shows he was wounded on the 2nd and 3rd of March 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending his DD Form 214 by deleting the Vietnam...