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ARMY | BCMR | CY2002 | 2002073182C070403
Original file (2002073182C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 December 2002
         DOCKET NUMBER: AR2002073182


         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 he received the Purple Heart for wounds received on 10 June 1969 in Vietnam; however, it is not shown on his DD Form 214. In support of his application, he submits a copy of an award certificate for the Purple Heart.

4. The applicant’s military records show that he was inducted on 13 August 1968. He served as a light weapons infantryman in Vietnam and Korea. On
28 July 1970, the applicant was honorably discharged for immediate reenlistment. He reenlisted on 29 July 1970 for a period of 6 years. He served as a light weapons infantryman in Vietnam and Germany. On 4 December 1976, the applicant was honorably discharged.

5. The applicant’s DD Form 214 with an effective date of 28 July 1970 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, his service personnel records contain a Western Union Telegram, dated 14 June 1969, which states the applicant was slightly wounded in action in Vietnam on 10 June 1969 by a fragment while at an artillery firing position when the area came under mortar attack by a hostile force. He received a wound to his right thigh.

7. Headquarters 101st Airborne Division General Orders Number 9821, dated
28 July 1969, shows the applicant received the Army Commendation Medal for meritorious achievement in Vietnam from 1 February 1969 to 30 June 1969. This award is not shown on his DD Form 214.

8. 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.

CONCLUSIONS:

1. A Western Union Telegram, dated 14 June 1969, shows the applicant was wounded in action on 10 June 1969 in Vietnam. Therefore, the Board determined that there is sufficient evidence on which to base award of the Purple Heart in this case. As a result, the applicant is entitled to correction of his DD Form 214 with an effective date of 28 July 1970 to show award of the Purple Heart.

2. The applicant received the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 with an effective date of 28 July 1970 to show this medal.

3. 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 and the Army Commendation Medal.

BOARD VOTE:

CLA____ TSK____ CVM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Celia L. Adolphi_________
                  CHAIRPERSON




INDEX

CASE ID AR2002073182
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.


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