Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002073110C070403
Original file (2002073110C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 December 2002
         DOCKET NUMBER: AR2002073110


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Ms. Celia L. Adolphi Chairperson
Mr. Ted S. Kanamine Member
Mr. Conrad V. Meyer 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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.

3. The applicant states that the Purple Heart was left off of his discharge document. In support of his application, he submits a copy of his DD Form 214 and an award certificate for the Purple Heart for wounds received in action on
12 August 1964 in Vietnam.

4. The applicant’s military records show that he enlisted on 19 March 1962 for a period of 3 years. He served as an infantryman in Vietnam from 24 May 1964 through 6 September 1964 and was honorably released from active duty on
25 February 1965.

5. The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.

6. There are no orders for the Purple Heart in the applicant’s service personnel records. However, the Vietnam Casualty Roster shows the applicant was wounded in action as a result of hostile action on 12 August 1964.

7. The applicant’s DD Form 214 shows the Air Medal with Tenth Oak Leaf Cluster as an authorized award. However, his service personnel records indicate that on 10 February 1966 he was awarded the Air Medal with Eleventh Oak Leaf Cluster with “V” Device for heroism while participating in aerial flight in the Republic of Vietnam on 10 and 11 July 1964 and on 12 August 1964.

8. 3d Battalion 13th Artillery General Orders Number 6, dated 5 February 1965, show the applicant was awarded the first award of the Good Conduct Medal for the period 19 March 1962 on or about 18 March 1965. This award is not shown on his discharge document.

9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.

10. Army Regulation 600-8-22 provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Air Medal.

11. Army Regulation 600-8-22 provides, in pertinent part, that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal.

12. Army Regulation 600-8-22 states, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

CONCLUSIONS:

1. The Vietnam Casualty Roster shows the applicant was wounded in action as a result of hostile action on 12 August 1964. Therefore, the Board determined that there is sufficient evidence on which to base award of the Purple Heart in this case.

2. The applicant’s DD Form 214 shows the Air Medal with Tenth Oak Leaf Cluster as an authorized award. However, evidence of record shows the applicant received the Air Medal with Eleventh Oak Leaf Cluster with “V” Device on 10 February 1966. Therefore, the applicant’s DD Form 214 should be corrected to show 12 awards of the Air Medal, one of which for valor.

3. The applicant received the first award of the Good Conduct Medal. Therefore, his DD Form 214 should be corrected to show this 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 showing that the individual concerned was awarded the Purple Heart, the Air Medal with Numeral “12” with “V” Device and the Good Conduct Medal.

BOARD VOTE:

CLA___ TSK_____ CVM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Celia L. Adolphi_________
                  CHAIRPERSON




INDEX

CASE ID AR2002073110
SUFFIX
RECON
DATE BOARDED 20021210
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0015
2. 107.0000
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002080050C070215

    Original file (2002080050C070215.rtf) Auto-classification: Approved

    There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant's service, provided that the Purple Heart is awarded for a wound sustained as a result of hostile action. However, the DA Form 1051 was not signed by a medical officer and it does not indicate that the applicant was a battle casualty or that his injury was the result of hostile actions or...

  • ARMY | BCMR | CY2009 | 20090000778

    Original file (20090000778.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 October 1968 to show 37 awards of the Air Medal (correctly known as the Air Medal with Numeral 37) and a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster). The applicant's DD Form 214 for the period ending 28 October 1968 shows the Distinguished Flying Cross, the Bronze Star Medal with...

  • ARMY | BCMR | CY2006 | 20060006584C070205

    Original file (20060006584C070205.doc) Auto-classification: Approved

    DD Form 214 (Armed Forces of the United States Report of Separation) shows his authorized awards as follows; the Legion of Merit, Bronze Star Medal, Air Medal with 12 Oak Leaf Clusters and “V” Device, Army Commendation Medal, Air Force Commendation Medal, National Defense Service Medal with Oak Leaf Cluster, Armed Forces Expeditionary Medal (Vietnam), Vietnam Service Medal, United Nations Service Medal, Republic of Vietnam Gallantry Cross with Palm, and the Republic of Korea Army Aviator...

  • ARMY | BCMR | CY2010 | 20100012121

    Original file (20100012121.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 to add the Air Medal with Numeral 13 and the award of the Army Good Conduct Medal. The evidence of record shows he was awarded the Vietnam Service Medal. There are no orders in his military personnel record awarding him the Army Good Conduct Medal during his enlistment.

  • ARMY | BCMR | CY2009 | 20090003477

    Original file (20090003477.txt) Auto-classification: Approved

    The applicant's Official Military Personnel File (OMPF) contains 1st Aviation Battalion General Orders (GO) Number (#) 1249, dated 12 April 1967, which awarded the applicant the PH for being wounded in action in the RVN on 15 March 1966 and 1st Aviation Battalion GO # 2295, dated 16 April 1966, which awarded him the PH for being wounded in action in the RVN on 11 April 1966. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD...

  • ARMY | BCMR | CY2002 | 2002080344C070215

    Original file (2002080344C070215.rtf) Auto-classification: Approved

    The applicant states, in effect, that his service personnel records show that he received 15 awards of the Air Medal, one of which is for valor. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was...

  • ARMY | BCMR | CY2010 | 20100023090

    Original file (20100023090.txt) Auto-classification: Approved

    The applicant's service personnel record does not contain general orders awarding him the Purple Heart and his complete military medical record was not available for the Board's review. This document shows that the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 2 to 12 June 1964 by Department of the Army General Order Number 48, dated 1968. d. Army Regulation 672-5-1 (Military Awards), then in effect,...

  • ARMY | BCMR | CY2011 | 20110011660

    Original file (20110011660.txt) Auto-classification: Approved

    His citation for award of the Army Commendation Medal with "V" Device which states he was wounded in action on 10 April 1968 in Vietnam is accepted as sufficient evidence on which to base award the Purple Heart. Orders show he was awarded two awards of the Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action on 10 April 1968 in Vietnam; b. deleting the...

  • ARMY | BCMR | CY1990-1993 | 9020613

    Original file (9020613.rtf) Auto-classification: Approved

    The applicant’s DD Form 214 shows only one award of the Purple Heart and does not show award of the Bronze Star Medal with “V” Device. There are no orders on the applicant’s service personnel records which show that he was recommended for or awarded the Bronze Star Medal with “V” Device. Evidence of record shows the applicant was awarded the Good Conduct Medal; therefore, he is entitled to correction of his records to show this award.

  • ARMY | BCMR | CY2008 | 20080015407

    Original file (20080015407.txt) Auto-classification: Approved

    The applicant requests, in effect, that his 5 May 1967 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart and a second Army Commendation Medal with "V" Device. The available evidence does not show that he was awarded an additional Army Commendation Medal with “V” Device. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Air Medal...