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ARMY | BCMR | CY2002 | 2002073594C070403
Original file (2002073594C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 September 2002
         DOCKET NUMBER: AR2002073594


         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Kenneth W. Lapin Member
Mr. Donald P. Hupman 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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

3. The applicant states that the Purple Heart has been handwritten on his discharge document and the government will not accept this as "official." He also states that he cannot get his car tags with "Purple Heart" on them. He submits a copy of his DD Form 214 in support of his application.

4. The applicant’s military records show that he enlisted on 23 December 1964 and completed basic and advanced individual training. He served in Vietnam from 6 July 1966 through 25 July 1967 and was retired on 10 April 1968 by reason of physical disability. The applicant provided a copy of his DD Form 214 which shows award of the Purple Heart handwritten in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

5. Headquarters, U.S. Army Medical Center General Orders Number 41, dated 5 August 1967, awarded the applicant the Purple Heart for wounds sustained in action on 23 May 1967 in the Republic of Vietnam.

6. The Board noted that the applicant is entitled to award of the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation which are not shown on his discharge document.

7. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal. Appendix B of Army Regulation 600-8-22 (Military Awards) lists, in pertinent part, the military campaigns of the Vietnam War. Based on the applicant’s dates of service in Vietnam, Appendix B shows that he participated in two campaigns in the Vietnam War.

8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 8th Engineer Battalion, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 59, dated 1969. The applicant’s unit was also cited for the Meritorious Unit Commendation for actions during the period October 1965 to August 1966 by Headquarters Department of the Army General Orders Number 17, dated 1968.

CONCLUSIONS:

1. Orders show the applicant was awarded the Purple Heart for wounds sustained in Vietnam on 23 May 1967. Therefore, his DD Form 214 will be
amended to show award of the Purple Heart.

2. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. 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. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.

3. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation. Therefore, his records will be amended to show these unit awards.

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:

         a. by deleting the Vietnam Service Medal from item 24 of the individual concerned DD Form 214;

         b. by showing he was awarded the Purple Heart, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation.

BOARD VOTE:

AAO____ KWL____ DPH_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Arthur A. Omartian____
                  CHAIRPERSON



INDEX

CASE ID AR2002073594
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020924
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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