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Decision Text

ARMY | BCMR | CY2002 | 2002072995C070403
Original file (2002072995C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 August 2002
         DOCKET NUMBER: AR2002072995


         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. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. JoAnn H. Langston Chairperson
Mr. Raymond V. O’Connor, Jr. Member
Ms. Barbara J. Lutz 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 Report of Transfer or Discharge, DD Form 214, be amended to add the Purple Heart.

3. The applicant states that he received the Purple Heart and it should be added to his DD Form 214. He provides his DD Form 214 and a Purple Heart Certificate as supporting evidence.

4. The applicant’s military records show that he was inducted into the Army on 13 October 1966. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

5. The applicant’s unit, Company A, 1st Battalion, 52d Infantry, 198th Infantry Brigade, was transferred to Vietnam and arrived on or about 6 October 1967. On 15 January 1968, he was shot in the right thigh by enemy fire and hospitalized. The provided certificate shows he was awarded the Purple Heart on 17 January 1968. He departed Vietnam on 30 September 1968 after being credited with four campaigns.

6. On 5 October 1968, the applicant was released from active duty. His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device 1960, the Army Good Conduct Medal, the Combat Infantryman Badge, the Expert Qualification Badge Rifle M-14, and 2 overseas service bars.

7. Army Regulation 600-8-22 provides for award of the Purple Heart 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 by a medical officer, and the medical treatment must have been made a matter of official record. It provides for the wear of one bronze service star on the appropriate service medal for each credited campaign.

8. Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

CONCLUSIONS:

1. The evidence of record shows the applicant was wounded in action on 15 January 1968 and his wounds treated by medical personnel. Therefore, the Board accepts the provided certificate as sufficient evidence to show he was awarded the Purple Heart and it should be listed on his DD Form 214.

2. The applicant met the eligibility criteria for award of four bronze service stars to be worn on the Vietnam Service Medal. He is also authorized to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That the applicant’s DD Form 214 be amended to add the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to show he is authorized to wear four bronze service stars on the Vietnam Service Medal.

BOARD VOTE:

__JHL __ __ RVO _ __BJL __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __JoAnn H. Langston _
                  CHAIRPERSON




INDEX

CASE ID AR2002072995
SUFFIX
RECON
DATE BOARDED 2002/08/22
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.



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