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Decision Text

ARMY | BCMR | CY2002 | 2002073714C070403
Original file (2002073714C070403.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 August 2002
         DOCKET NUMBER: AR2002073714


         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. Jo Ann 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 he be awarded the Purple Heart.

3. The applicant states that he was wounded in the head. He was taken to the field hospital in Con Tien, treated, and released back to his unit. He provides no supporting evidence.

4. The applicant’s military records show that he was inducted into the Army on 2 November 1966. He completed basic combat training and advanced individual training and was awarded military occupational specialty 91B (Medic).

5. The applicant’s unit, Company D, 1st Battalion, 61st Infantry, was transferred to Vietnam and arrived on or about 27 July 1968. A casualty report and a Western Union telegram show that he was slightly wounded while on a combat operation on 17 September 1968 when he received metal fragments to the head from hostile mortar fire. He was hospitalized in Vietnam and released. He departed Vietnam on 19 October 1968. He was released from active duty on 25 October 1968. His Report of Transfer or Discharge, DD Form 214, shows he was awarded the National Defense Service Medal, the Army Good Conduct Medal, the Sharpshooter Qualification Badge Rifle M-16, the Combat Medical Badge, and the Vietnam Service Medal.

6. Army Regulation 600-8-22 provides 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 by a medical officer, and the medical treatment must have been made a matter of official record. It also provides that the Republic of Vietnam Campaign Medal with device 1960 is awarded to members who served in Vietnam for 6 months or, if in Vietnam for less than 6 months, were wounded by hostile forces.

7. 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 and his wounds treated by medical personnel; therefore, he met the eligibility criteria for award of the Purple Heart.

2. Because he was wounded in action, the applicant met the eligibility criteria for award of the Republic of Vietnam Campaign Medal with device 1960. 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:

1. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Purple Heart for wounds received on 17 September 1968.

2. That the applicant’s DD Form 214 be amended to add the Purple Heart, the Republic of Vietnam Campaign Medal with device 1960, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

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

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __JoAnn H. Langston _
                  CHAIRPERSON



INDEX

CASE ID AR2002073714
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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