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ARMY | BCMR | CY2002 | 2002076628C070215
Original file (2002076628C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 19 SEPTEMBER 2002
         DOCKET NUMBER: AR2002076628


         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:

Ms. Joann H. Langston Chairperson
Ms. Melinda M. Darby Member
Mr. Ronald E. Blakely 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 never received the award and was unaware of the error until he began treatment for posttraumatic stress disorder.

3. Records available to the Board indicate the applicant was inducted and entered active duty on 15 September 1969. While undergoing training as an infantryman at Fort Polk, Louisiana, the applicant was awarded a Marksman Badge with "Machinegun" bar. The qualification badge, which was confirmed in orders issued at Fort Polk, was omitted from his report of separation.

4. In April 1970, following completion of training, the applicant was assigned to Vietnam as an infantryman (specialty 11B) with Company B, 1st Battalion, 506th Infantry. On 1 May 1970 the applicant sustained fragment wounds to his chest as a result of hostile actions. His injuries were confirmed in a telegram addressed to his parents. There is, however, no indication he was ever awarded the Purple Heart.

5. The applicant was briefly hospitalized in Vietnam and then ultimately evacuated to Brooke Army Medical Center in Texas at the end of May 1970.

6. In July 1970, following his release from a patient status, the applicant was assigned to Fort Lewis, Washington to complete his service contract. While at Fort Lewis he was awarded a Sharpshooter Badge with "Pistol" bar. This badge was also omitted from his report of separation in spite of the fact the qualification badge was confirmed in orders issued at Fort Lewis.

7. The applicant was released from active duty on 4 September 1971.

8. 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.

9. There are basically three requirements for award of the Combat Infantryman Badge. The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.







10. By virtue of the applicant's tour of duty in Vietnam, which was terminated when he was wounded in action and evacuated, he is entitled to the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and two bronze service stars on his Vietnam Service Medal denoting participation in two designated campaigns (Vietnam Winter-Spring-1970 and DA Sanctuary Counteroffensive). Although the Vietnam Service Medal is already reflected on his report of separation, the other awards, including the bronze service stars, were omitted.

CONCLUSIONS:

1. The evidence confirms the applicant was wounded on 1 May 1970 as a result of hostile action while in Vietnam and is entitled to an award of the Purple Heart.

2. The evidence also confirms that the applicant met the basic qualifications for award of the Combat Infantryman Badge. His records should be corrected accordingly.

3. The applicant is also entitled to a Sharpshooter Badge with "Pistol" bar, a Marksman Badge with "Machinegun" bar, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and two bronze service stars on his Vietnam Service Medal, all of which were omitted from his report of separation.

4. 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:

a. by awarding the individual concerned the Purple Heart for wounds sustained on 1 May 1970;

b. by awarding him the Combat Infantryman Badge; and

c. by showing that he is entitled to a Sharpshooter Badge with "Pistol" bar, a Marksman Badge with "Machinegun" bar, the Republic of Vietnam





Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and two bronze service stars on his Vietnam Service Medal.

BOARD VOTE:

__JHL __ __MMD __REB __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Joann H. Langton____
                  CHAIRPERSON




INDEX

CASE ID AR2002076628
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020917
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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