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ARMY | BCMR | CY2002 | 2002075602C070403
Original file (2002075602C070403.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 October 2002
         DOCKET NUMBER: AR2002075602


         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
Mr. William Blakely Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Ms. Margaret K. Patterson Member
Mr. Arthur A. Omartian 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 request, in effect, that his military records be corrected to show award of the Purple Heart (PH) and the PH, First Oak Leaf Cluster (1st OLC).

3. The applicant states, in effect, that he was wounded twice while serving in the Republic of Vietnam. In April 1969, he was wounded in his right knee at Ahn Ke, RVN; and in September 1969, in his left index thumb at Phu Tai, RVN. In support of his application, he submits a copy of his separation document
(DD Form 214).

4. The applicant’s military records show that he entered the Army for three years on 13 March 1967. He was trained in, awarded, and served in military occupational specialty 43E (Parachute Rigger). He continuously served on active duty for 2 years, 10 months, and 7 days until being honorably separated on 15 January 1970.

5. The applicant’s Enlisted Qualification Record (DA Form 20) shows that the highest rank he attained while serving on active duty was specialist five/E-5
(SP5). It also confirms that he served in the RVN from 28 January 1969 to
20 January 1970, and was assigned to C Company, 173rd Support Battalion, 173rd Airborne Infantry Brigade, where he performed duties in MOS 43E and participated in 3 campaigns. Block 40 (Wounds) is blank and contains no entry indicating that the applicant was wounded in action while on active duty. Block 41 (Awards and Decorations) shows that during his tenure on active duty he earned the following awards: Bronze Star Medal; National Defense Service Medal; Vietnam Service Medal; RVN Campaign Medal with 60 Device; and the Parachutist Badge.

6. The applicant’s Military Personnel Records Jacket (MPRJ) is void of any official orders or other documents that would suggest that he was ever recommended for or awarded the PH or the PH (1st OLC). In addition, the applicant’s separation physical examination, dated 19 January 1970, contains no entries or information verifying that he ever received an injury to either his right knee or left thumb during his service in the RVN or at any time during his active duty tenure. Finally, the applicant’s name does not appear on the Department of the Army (DA) Vietnam Casualty Roster.

7. Army Regulation 600-8-22 prescribes the policy for the Army awards program. Paragraph 2-8 contains the policy for awarding the PH, and it states, in pertinent part, that the PH 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.


8. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN.

9. Table B-1 of Army Regulation 600-8-22 lists all campaigns, service requirements, and inscriptions for streamers. It confirms that the applicant participated in the following four campaigns during his tenure in the RVN: Vietnam Counteroffensive Phase VI; TET 69 Counteroffensive; Vietnam Summer-Fall 1969; and Vietnam Winter-Spring 1970.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This document confirms that the applicant’s unit received the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation during his assignment tenure in the RVN.

CONCLUSIONS:

1. Notwithstanding the contentions of the applicant, after carefully examining the evidence of record and the independent evidence submitted by the applicant, the Board finds insufficient evidence to support his claim of entitlement to the PH and the PH 1st OLC.

2. By regulation, in order to support awarding the PH, a member must have been wounded in action, must have been treated for the wound by military medical personnel, and this treatment must have been made a matter of official record.

3. However, during its review of this case, the Board did find evidence to confirm that based on his service in the RVN, the applicant is entitled to 4 bronze service stars for his Vietnam Service Medal, based on his campaign participation; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, the Board concludes that it would be appropriate to add these awards to his record at this time.

4. 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 for the individual concerned be corrected by showing he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars with his Vietnam Service Medal; and providing him a corrected separation document that reflects these awards.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__RVO__ __MKP _ __AAO __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor, Jr. _
                  CHAIRPERSON





INDEX

CASE ID AR2002075602
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/10/01
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION Partial Relief)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.



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