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ARMY | BCMR | CY2002 | 2002077246C070215
Original file (2002077246C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 January 2003
         DOCKET NUMBER: AR2002077246


         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Ms. Kathleen A. Newman Chairperson
Ms. Gail J. Wire Member
Mr. Patrick H. McGann 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 correction of his records to show award of the Purple Heart and the Combat Infantryman Badge.

3. The applicant states that he was awarded the Purple Heart and the Combat Infantryman Badge in Vietnam by a general officer in 1968. He contends that he was wounded in Vietnam in 1968 and was hospitalized in Cam Ranh Bay or Qui Nhon. The applicant did not submit documents in support of his application.

4. The applicant’s military records show that he enlisted in the Regular Army on 1 March 1966. He successfully completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11C (infantry indirect fire crewman). He served in Vietnam from 19 September 1966 through 23 April 1968 and was honorably released from active duty on 28 February 1969. The applicant subsequently served in the Army National Guard from April 1982 to April 1992.

5. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart as an authorized award. His DD Form 214 shows entitlement to the Combat Infantryman Badge; therefore, the Combat Infantryman Badge will not be further discussed in these proceedings.

6. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. His DA Form 20 (Enlisted Qualification Record) shows he sustained a gunshot wound to his left thigh on 19 March 1967. The applicant's name is listed on the Vietnam Casualty Roster.

7. A review of the applicant's personnel records revealed that he is entitled to award of the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Meritorious Unit Commendation which are not shown on his discharge document.

8. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. However, it does not show the bronze service stars to which applicant is entitled for campaign participation.

9. Appendix B of Army Regulation 600-8-22 lists (Military Awards), in pertinent part, the military campaigns of the Vietnam War. Based on the applicant’s dates of service in Vietnam, Appendix B shows that he participated in four campaigns of the Vietnam War.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969.

11. Department of the Army Pamphlet 672-3 also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

12. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 2nd Battalion, 502nd Infantry, it was cited for award of the Meritorious Unit Commendation for actions during the period 29 July 1965 to 1 October 1966 by Department of the Army General Orders Number 1,
dated 1969.

13. 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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

14. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1. There are no orders available to the Board which authorize award of the Purple Heart to the applicant. However, the applicant's Enlisted Qualification Record shows he was wounded on 19 March 1967 as a result of hostile action in Vietnam. Therefore, the Board determined that this evidence is sufficient as a basis for award of the Purple Heart and correction of his records to show award of the Purple Heart.

2. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these awards.

3. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his records to show these foreign unit awards.

4. While the applicant was assigned to the 2nd Battalion, 502nd Infantry, the unit was cited for award of the Meritorious Unit Commendation. Therefore, his DD Form 214 will be amended to show award of the Meritorious Unit Commendation.

5. 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 deleting the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and

b. by adding award of the Purple Heart, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Meritorious Unit Commendation.

BOARD VOTE:

KAN_____ GJW____ PHM___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Kathleen A. Newman____
                  CHAIRPERSON




INDEX

CASE ID AR2002077246
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030123
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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