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ARMY | BCMR | CY2002 | 2002075356C070403
Original file (2002075356C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 August 2002
         DOCKET NUMBER: AR2002075356


         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
M r. Walter Avery, Jr. Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Arthur A. Omartian Member
Mr. Thomas Lanyi 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 his military records be corrected to show he was awarded the Purple Heart.

3. The applicant states, in effect, that he is entitled to the Purple Heart and it should be entered on his separation document.

4. The applicant’s military records show that he entered the Regular Army on 13 January 1966. He completed training as an infantryman, achieved the rank of sergeant, and served until his honorable discharge on 19 December 1968.
He completed a total of 2 years, 11 months and 7 days of creditable active service. His separation documents show no lost time.

5. He served in Vietnam from 16 July 1966 through 13 July 1967, and was assigned to Company A, 2nd Battalion (Airborne), 327th Infantry, 101st Airborne Division.

6. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal, the Parachutist Badge, and the Combat Infantryman Badge. The Purple Heart is not listed as an authorized award.

7. In the applicant's record is General Orders Number 1465, 1st Brigade, 101st Airborne Division, 15 July 1967, awarding him the Purple Heart for wounds received on 28 August 1966.

8. In the applicant's record is Special Orders Number 309, Headquarters, 82d Airborne Division, 11 December 1967, awarding him the Expert Badge with rifle bar.

9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part that a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. In the applicant’s case, he is entitled to two bronze service stars to be worn on his Republic of Vietnam Service Medal for the Vietnam Counteroffensive, Phase II and Phase III.

10. 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 his unit was cited for the Meritorious Unit Commendation for the period 29 July 1965 through 1 October 1966 by Department of the Army General Order (DAGO) 17, dated 1968, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 through 31 July 1966 DAGO Number 21, dated 1969.

CONCLUSIONS:

1. The evidence of record shows that the applicant is entitled to the Purple Heart by virtue of the wounds he suffered in Vietnam on 28 August 1966, as authenticated by General Orders Number 1465. He is therefore entitled to have the award shown on his DD Form 214.

2. The record further shows that the applicant is entitled to the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two bronze service stars to be worn on his Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with rifle bar.

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:

a. showing that the individual concerned was awarded the Purple Heart for wounds received in Vietnam on 28 August 1966; and

b. showing he was awarded the Meritorious Unit Commendation while assigned to 2nd Battalion, 327th Infantry, two bronze service stars to be worn on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with rifle bar.

BOARD VOTE:

__inw___ ____aao_ ____tl____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Irene N. Wheelwright____
                  CHAIRPERSON




INDEX

CASE ID AR2002075356
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020827
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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