Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002075767C070403
Original file (2002075767C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 31 OCTOBER 2002
         DOCKET NUMBER: AR2002075767


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Curtis L. Greenway Chairperson
Ms. Regan K. Smith Member
Mr. Donald P. Hupman, Jr. 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 award of the Purple Heart. He states he was wounded in August 1971 while in Vietnam. He submits no evidence in support of his request.

3. Records available to the Board indicate the applicant entered active duty on 27 January 1971. He qualified as a marksman with the M-16 rifle while undergoing training at Fort Campbell, Kentucky, and was awarded the associated badge and component bar. The badge, however, was omitted from his separation report.

4. In June 1971 the applicant was assigned to Vietnam as a heavy truck driver with the 585th Transportation Company and in August 1971 was promoted to pay grade E-4. In February 1972 he was reassigned to the 62nd Transportation Company. The applicant returned to the United States in March 1972 and on
25 March 1972 he was released from active duty with an honorable characterization of service.

5. Army Regulation 600-8-22 provides, in pertinent part, 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. There were no medical records available to the Board. Item 40 (wounds) on the applicant's Department of the Army Form 20 (Enlisted Qualification Record) is blank and the applicant's name was not among those on a list of soldiers reported as casualties in Vietnam.

6. Army Regulation 600-8-22 also provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. The applicant's conduct and efficiency rating, throughout his military service, were excellent and there is no evidence of any misconduct on disciplinary actions in the applicant's record.

7. A review of Department of the Army Pamphlet 672-3 shows that the applicant is entitled to a Republic of Vietnam Gallantry Cross Unit Citation with Palm and




three bronze service stars on his Vietnam Service Medal denoting participation in three designated campaign periods (Vietnam Counteroffensive-Phase VII and Consolidation I and II). Although the applicant's separation document reflects the Vietnam Service Medal, the other elements were omitted.

CONCLUSIONS
:

1. The Board notes that there is no evidence, and the applicant has not provided any, which would serve as a basis to award him the Purple Heart.

2. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 25 March 1972. There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award. In view of the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 27 January 1971 through
25 March 1972.

3. The Board notes that the applicant qualified as a marksman with the M-16 rifle and was awarded the associated badge and component bar. His records should be corrected accordingly.

4. The Board also notes that the applicant is entitled to a Republic of Vietnam Gallantry Cross Unit Citation with Palm and three bronze service stars on his Vietnam Service Medal based on his service in Vietnam and those elements should be added to his record.

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:

a. by awarding the individual concerned the Army Good Conduct Medal for the period 27 January 1971 through 25 March 1972;

b. by showing that he qualified as a marksman with the M-16 rifle and was awarded the associated badge and component bar; and




c. by showing that he is entitled to a Republic of Vietnam Gallantry Cross Unit Citation with Palm and three bronze service stars on his Vietnam Service Medal.

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

BOARD VOTE:

__CLG__ __RKS __ __DPH __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Curtis L. Greenway____
                  CHAIRPERSON




INDEX

CASE ID AR2002075767
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021031
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.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002076349C070215

    Original file (2002076349C070215.rtf) Auto-classification: Approved

    Records available to the Board indicate the applicant entered active duty on 9 February 1970. Other than his separation physical examination, no other medical records were available to the Board. Although the evidence confirming that the applicant was wounded in action while in Vietnam is not well documented, the Board concludes that the entry on his separation physical examination, the fact that his hospitalization and subsequent evacuation from Vietnam is consistent with his recollection...

  • ARMY | BCMR | CY2004 | 04105576C070208

    Original file (04105576C070208.doc) Auto-classification: Approved

    There were no other service medical records available to the Board beyond the separation physical examination. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 14 April 1971. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by showing that he qualified with the 81mm mortar and was awarded the First Class Gunner Badge with mortar bar and that he also qualified as a...

  • ARMY | BCMR | CY2004 | 040006554C070208

    Original file (040006554C070208.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 JUNE 2005 DOCKET NUMBER: AR20040006554 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. Delia Trimble | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. As a result, the Board recommends that all Department of the Army records of...

  • ARMY | BCMR | CY2008 | 20080005667

    Original file (20080005667.txt) Auto-classification: Approved

    The applicant’s DD Form 20 (Enlisted Qualification Record) lists the following pertinent information: a. at block 33, foreign service in Vietnam from 8 March 1970 through 7 March 1971; b. at block 38, assignment to the 23rd Administrative Replacement Detachment, from 21 March 1970 through 31 March 1970; Company C, 3rd Battalion, 21st Infantry Battalion, from 1 April 1970 through 25 July 1970; Company B, 23rd Supply and Transport Battalion, from 26 July 1970 through 26 January 1971; and in a...

  • ARMY | BCMR | CY2004 | 04105852C070208

    Original file (04105852C070208.doc) Auto-classification: Approved

    The applicant states that he should have received the award while in Vietnam and now must have "what is right for the records." The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 21 January 1972. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing that he qualified as a sharpshooter with the M-16 rifle and was awarded the associated badge and component bar; b....

  • ARMY | BCMR | CY2002 | 2002070285C070402

    Original file (2002070285C070402.rtf) Auto-classification: Approved

    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. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Army Good Conduct Medal and no evidence of any misconduct or disciplinary actions, which would serve as a basis to deny him the award. The Board notes that the applicant qualified...

  • ARMY | BCMR | CY2008 | 20080015165

    Original file (20080015165.txt) Auto-classification: Approved

    The evidence of record shows the applicant was awarded the Combat Infantryman Badge; however, it was omitted from his DD Form 214. The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by adding the Combat Infantryman Badge to his DD Form 214, dated 19 January 1972; b. awarding the applicant the Good Conduct Medal for the period 28 August 1968 to...

  • ARMY | BCMR | CY2011 | 20110017533

    Original file (20110017533.txt) Auto-classification: Approved

    Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal with "V" Device * Bronze Star Medal * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar 11. He was awarded the...

  • ARMY | BCMR | CY2002 | 2002076629C070215

    Original file (2002076629C070215.rtf) Auto-classification: Approved

    The evidence also indicates that the applicant was wounded on 25 February 1969, 15 March 1969, and 19 June 1969. As such, the Board concludes that the applicant's records should be corrected to reflect award of five Purple Hearts (25 February, 15 March, 23 March, 19 May, and 19 June 1969). The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 24 June 1970.

  • ARMY | BCMR | CY2002 | 2002076889C070215

    Original file (2002076889C070215.rtf) Auto-classification: Approved

    There is no evidence in existing service medical documents, personnel service records, or casualty or unit files, which confirms the applicant was wounded as a result of hostile action while in Vietnam. The Board does note, however, that the applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 1 September 1969. The Board also notes that the "V" device was omitted from the Army Commendation Medal recorded on the applicant's separation document and...