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ARMY | BCMR | CY2002 | 2002074996C070403
Original file (2002074996C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 11 March 2003
         DOCKET NUMBER: AR2002074996

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Mr. Ted S. Kanamine Member
Ms. Shirley L. Powell Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That his Purple Heart be added to his DD Form 214, (Armed Forces of the Untied States Report of Transfer or Discharge).

APPLICANT STATES: That he was awarded the Bronze Star Medal and the Purple Heart at the same time. He provides a newspaper clipping showing he was awarded the Purple Heart and the Bronze Star Medal. The Bronze Star Medal is on his DD Form 214 but the Purple Heart is not. Also, the Air Medal is on his DD Form 214 but he never received the medal or ribbon. As supporting evidence he provides a newspaper article, apparently from a hometown newspaper, which mentions he was awarded “both the Purple Heart and the Bronze Star for injuries received and for action beyond the call of duty.” The newspaper article further states that he was a paratrooper in Company A, 1st Battalion, 502d Infantry and that his family was planning a trip to Hawaii on 26 April [1969]. He also provides his DD Form 214 and a blurry photograph of his Purple Heart and Bronze Star Medal.

EVIDENCE OF RECORD: The applicant's military records show:

That he enlisted in the Regular Army on 4 January 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

The applicant arrived in Vietnam and was assigned to Company A, 1st Battalion, 502 Infantry on or about 11 December 1968. His DA Form 20 (Enlisted Qualification Record) shows he was reassigned to Headquarters and Headquarters Company, 2d Brigade, 101st Airborne Division on 10 January 1969. (A second entry on his DA Form 20 shows he was reassigned to Headquarters and Headquarters Company, 2d Brigade, 101st Airborne Division on 10 January 1969.)

The applicant was awarded the Bronze Star Medal for meritorious service on 101st Airborne Division (Airmobile) General Orders Number 10693 dated, 18 August 1969.

The applicant departed Vietnam on 15 November 1969 after receiving participation credit for four campaigns.

On 21 November 1969, 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 Vietnam Campaign Medal, the Combat Infantryman Badge, the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.

The applicant is not listed on the Vietnam Casualty Roster. There is no entry in his DA Form 20 (Enlisted Qualification Record) to show he was wounded in action or awarded the Purple Heart. A review of the historical files of Company A, 1st Battalion, 502d Infantry, 101st Airborne Division at the National Archives in College Park, MD failed to identify him as being entitled to award of the Purple Heart. A review of the historical files of Headquarters and Headquarters Company, 2d Brigade, 502d Infantry, 101st Airborne Division were also reviewed at the National Archives. That review also failed to identify the applicant as being entitled to award of the Purple Heart.

Army Regulation 600-8-22 (Military Awards) 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.

Army Regulation 600-8-22 provides for the wear of one bronze service star on the appropriate service medal for each campaign participation credit.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant’s assignment to the 1st Battalion, 502d Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 43, dated 1970.

Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 1st Battalion, 502d Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 43, dated 1971.


DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board has considered the evidence provided by the applicant in support of his contention that he was wounded in action and awarded the Purple Heart. Regrettably, the newspaper article and the photograph are insufficient evidence to show he was either wounded or awarded the Purple Heart. They are not official records.

2. The fact the applicant was awarded the Bronze Star Medal is insufficient evidence to show he was wounded in action or awarded the Purple Heart. The Bronze Star Medal was awarded for service, not for valor, and the orders were not issued until August 1969, presumably after the newspaper article was published (since the Article mentions his parents planning to visit him in April).
3. The applicant received participation credit for four campaigns while in Vietnam. He was also assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. His DD Form 214 should be administratively corrected to add these unit awards and to reflect his entitlement to wear four bronze service stars on the Vietnam Service Medal.

4. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: The Board requests that the Army Review Boards Agency Support Division – St. Louis amend the applicant’s DD Form 214 by adding the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and to show he is authorized to wear four bronze service stars on the Vietnam Service Medal. The Board also requests that the applicant be provided a replacement Air Medal.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___SAL__ __TSK__ __SLP__ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002074996
SUFFIX
RECON
DATE BOARDED 20030307
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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