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ARMY | BCMR | CY2002 | 2002075763C070403
Original file (2002075763C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 November 2002
         DOCKET NUMBER: AR2002075763


         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. Thomas B. Redfern 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 that he be given the award certificate for his second Purple Heart (PH).

3. The applicant states that he never received the certificate for his second PH.

4. The applicant’s military records show that he was inducted and entered on active duty on 26 August 1968. He was awarded the military occupational specialty (MOS) of material storage and handling specialist, and was promoted to pay grade E-3.

5. He arrived in Vietnam on 24 January 1969 and was assigned as a rifleman to an infantry unit. On 17 January 1969, he was awarded the MOS of infantryman. On 10 May 1969, the applicant was awarded the Purple Heart for wounds he received on 9 May 1969. On 17 May 1969, the applicant’s duty status was changed to a patient. On 27 June 1969 the applicant departed Vietnam for Korea. On 14 November 1969, the applicant was awarded the Bronze Star for Heroism for his actions on the day he was wounded. On 5 March 1970 the applicant departed Korea for the United States.

6. On 13 July 1970, the applicant was honorably released from active duty prior to the expiration of his term of service to accept employment of a seasonal nature.  His separation document shows that he was awarded the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7. Army Regulation 600-8-22 provides that the Purple Heart is awarded for wounds 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.

8. This regulation also provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.








9. Army Pamphlet 672-3 (Unit Citation and Campaign Register) authorizes all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

CONCLUSIONS:

1. There is no record that the applicant was ever wounded a second time or, therefore, that he ever received a second PH. As such, there is no basis for issuing the applicant a second PH award certificate.

2. However, the applicant was entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3. Also, the applicant should have been awarded the Combat Infantryman Badge since he held an infantry MOS and was serving in an infantry unit which was engaged in active ground combat.

4. In addition, the applicant’s one PH and his Bronze Star Medal for Valor should be entered on his separation document.

5. 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:

         a. awarding to the individual concerned the Combat Infantryman Badge;

         b. awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

c. adding these awards, along with his PH and Bronze Star Medal for Valor, to his separation document.










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

BOARD VOTE:

___dph__ ___tbr___ ___rvo __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Raymond V. O'Connor, Jr._____
                  CHAIRPERSON




INDEX

CASE ID AR2002075763
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021107
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. 107.00
2.
3.
4.
5.
6.



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