Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002076701C070215
Original file (2002076701C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 January 2003
         DOCKET NUMBER: AR2002076701


         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. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Arthur A. Omartian Member
Ms. Marla J. Troup 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 awarded the Purple Heart.

3. The applicant states, in effect, that he was wounded by shrapnel on several occasions during his many engagements with the enemy. He goes on to state that he treated himself initially and would follow-up with treatment by a medic. In one instance he received a deep cutting, painful leg wound which subsequently became infected. He was returned to base camp, hospitalized and did not return to the field for 3 weeks. In his subsequent assignment to Germany, the infection flared up again and required medical attention again. He further states that the treatment is documented in his medical records; however, he never received a Purple Heart.

4. The applicant’s military records show that he was inducted in Chicago, Illinois, on 3 October 1966. He successfully completed his training and was transferred to Vietnam on 7 March 1967, for duty as a light weapons infantryman. He was assigned to the 1st Battalion, 2nd Infantry Regiment, 1st Infantry Division. He departed Vietnam on 3 March 1968 and was transferred to Germany, where he served until he was honorably released from active duty in the rank of specialist four on 13 September 1968, as an early overseas returnee. He had served 1 year, 11 months and 11 days of total active service and was awarded the Combat Infantryman Badge, the National Defense Service Medal, the Republic of Vietnam Campaign Medal and the Vietnam Service Medal. His records show that he had excellent conduct and efficiency ratings throughout his service and his records contain no derogatory information.

5. A review of his records, to include his separation medical examination, fails to show that he was ever treated for any wounds or injuries incurred as a result of enemy action. In addition, a review of the Department of the Army Surgeon General’s Office (SGO) Casualty List fails to show that he was ever reported as a casualty in Vietnam.

6. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

7. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was authorized awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGC w/Palm)


and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation (RVNCAHM-FC) during the period he was assigned to the unit. Additionally, the applicant’s unit participated in four campaigns during the period of his assignment.

8. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning award of the Army Good Conduct Medal (AGCM). It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

CONCLUSIONS:

1. The available evidence of record fails to substantiate the applicant’s claim that he was wounded in combat in Vietnam and that he was treated for those wounds. Accordingly, absent evidence to the contrary, the Board finds no basis to award him the Purple Heart.

2. However, the Board does find that his service met the qualifications for award of the AGCM. Therefore, it would be in the interest of justice to award him the AGCM for the period of 3 October 1966 through 13 September 1968, at this time.

3. Additionally, the applicant was authorized to be awarded the RVNGC w/Palm Unit Citation, the RVNCAHM –FC Unit Citation, and four bronze service stars for wear on his already awarded Vietnam Service Medal. Therefore, he should also be awarded those awards at this time and his records corrected accordingly.

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 be corrected by awarding the individual concerned the AGCM for the period of 3 October 1966 through 13 September 1968, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and four bronze service stars on the VSM.




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

BOARD VOTE:

__rvo ___ ___ao___ ___mjt __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O’Connor, Jr._
                  CHAIRPERSON




INDEX

CASE ID AR2002076701
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/01/16
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 61 107.0015/PH
2. 102 107.0056/AGCM
3. 140 107.0094/RVNGC
4. 141 107.0095/RVNCAHM
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002068947C070402

    Original file (2002068947C070402.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. Although his records contain no evidence that he was awarded the Purple Heart for his wound, the certificate provided by the applicant shows that he was awarded the Purple Heart by the hospital commander on 23 January 1969, for wounds received in action on 13 December 1968. After carefully examining the...

  • ARMY | BCMR | CY2002 | 2002077114C070215

    Original file (2002077114C070215.rtf) Auto-classification: Approved

    The Soldier’s Medal is awarded to any person of the Armed Forces of the United States or of a friendly foreign nation who, while serving in any capacity with the Army of the United states, distinguished himself or herself by heroism not involving actual conflict with the enemy. The evidence of record fails to show that the applicant was wounded/injured as a result of enemy action. Additionally, there is no evidence that the applicant was recommended for an award of the Soldier’s Medal...

  • ARMY | BCMR | CY2003 | 2003091574C070212

    Original file (2003091574C070212.rtf) Auto-classification: Approved

    The applicant states that he received three awards of the Purple Heart for wounds received in action in Vietnam; however, none of them are entered on his DD Form 214. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation, and the Valorous Unit Award (VUA)...

  • ARMY | BCMR | CY2002 | 2002080013C070215

    Original file (2002080013C070215.rtf) Auto-classification: Approved

    However, the evidence of record does establish that he is entitled to be awarded the RVNCAHM-FC Unit Citation, the RVNGC w/Palm Unit Citation, the MUC and four bronze service stars for wear on his already awarded VSM. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 14 November 1967 through 12 July 1969. That all of the Department of the Army records related to this case be corrected...

  • ARMY | BCMR | CY2002 | 2002083341C070215

    Original file (2002083341C070215.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. The applicant has provided sufficient evidence to show that he is entitled to an award of the Purple Heart for wounds/injuries received in Vietnam on 9 January 1968. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by awarding him the Purple Heart for...

  • ARMY | BCMR | CY2002 | 2002066313C070402

    Original file (2002066313C070402.rtf) Auto-classification: Approved

    The applicant requests that his records be corrected to show that he was awarded the Purple Heart. Although awarded subsequent to the applicant’s departure from Vietnam, the applicant was entitled to awards of the RVNGC w/Palm and RVNCAHM-FC Unit Citations as well as the VUA. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 19 September 1966 through 18 September 1968.

  • ARMY | BCMR | CY2003 | 2003090245C070212

    Original file (2003090245C070212.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. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Although there are no orders present in the applicant's records to verify his claim that he was awarded the Purple Heart in Vietnam, there is sufficient evidence available...

  • ARMY | BCMR | CY2002 | 2002080587C070215

    Original file (2002080587C070215.rtf) Auto-classification: Approved

    The applicant states that he believes that he should have been awarded the Purple Heart for a wound he received in Vietnam when a piece of shrapnel hit him in the inner left thigh. The Board finds that there is sufficient evidence in the available records to show that the applicant was in fact wounded in Vietnam and should have been awarded the Purple Heart for his wound. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by awarding the...

  • ARMY | BCMR | CY2001 | 2001065585C070421

    Original file (2001065585C070421.rtf) Auto-classification: Approved

    Army Regulation 672-5-1, in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning award of the Army Good Conduct Medal (AGCM). At the time of the applicant’s REFRAD, his records should have reflected his awards of the Purple Heart and the Air Medal. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 1 August 1966 to 17 May 1968.

  • ARMY | BCMR | CY2002 | 2002068800C070402

    Original file (2002068800C070402.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. The applicant requests that his records be corrected to reflect his award of the Purple Heart and that he be awarded the Bronze Star Medal (BSM) and Combat Infantryman Badge (CIB). He further states that when he departed Vietnam he was told that he was being recommended for awards of the BSM and CIB.