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Decision Text

ARMY | BCMR | CY2002 | 2002077440C070215
Original file (2002077440C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 03 APRIL 2003
         DOCKET NUMBER: AR2002077440


         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. Gale J. Thomas Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Mr. Roger w. Able Member
Mr. Patrick H. McGann, 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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Purple Heart, the Army Commendation Medal with “V” Device, the Presidential Unit Citation, the Combat Infantryman Badge, and his honor graduate status from the 4th Infantry Division Combat NCO Academy.

3. The applicant states that his DD Form 214 does not show all of his awards and honors. In support of his request he submits copies of his DD Form 214, orders awarding him the Army Commendation Medal with “V” Device, and a Letter of Commendation concerning his selection as Honor Graduate of the 4th Infantry Division NCO Academy Class ending 25 January 1968.

4. The applicant’s military records show that he was inducted into the Army of the United States on 26 September 1966, for a period of 2 years.

5. The applicant successfully completed basic combat and advanced individual training at Fort Hood, Texas, and was awarded MOS (military occupational specialty) 11D (Armor Intelligence Specialist). He served in Vietnam from 9 August 1967 to 12 July 1968.

6. On 6 October 1968, he was awarded the Army Commendation Medal with “V” Device, for heroism on 25 May 1968 in connection with military operations against an armed hostile force while serving in Vietnam.

7. The applicant was awarded the Good Conduct Medal on 14 July 1968 for the period 26 September 1966 to 9 August 1968.

8. On 12 August 1968, the applicant’s medical examination cleared him for separation, and makes no mention of wounds he may have received. His DA Form 20 (Enlisted Qualification Record) shows no entries under item 40, wounds.
The applicant’s name could not be located on the Vietnam Casualty List.

9. On 12 September 1968, the applicant was honorably discharged and transferred to the U.S. Army Reserve after completion of 1 year, 11 months and
17 days of creditable service. His DD Form 214 indicates he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device-60, and the Vietnam Service Medal with one Bronze Service Star.

10. By virtue of his service in Vietnam from 10 August 1967 to 12 July 1968, he is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and three additional bronze service stars on his Vietnam Service Medal. This information should be reflected on the applicant’s separation document.



11. The applicant was assigned to Troop C, 2d Squadron, 1st Cavalry,
4th Infantry Division during his service in Vietnam, which was awarded the Presidential Unit Citation by DA General Orders 38, dated 1971. The applicant’s separation document should reflect this award.

12. Army Regulation 600-8-22 provides, in pertinent part, 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. The Awards Branch, Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13. 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.

14. Army Regulation 635-5 provides that item 24 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized. Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

CONCLUSIONS:

1. The evidence shows that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Presidential Unit Citation, the Army Commendation Medal with “V” Device, four bronze service stars on his Vietnam Service Medal vice the one currently shown, and the Good Conduct Medal for the period 12 September 1966 through 9 August 1968. His separation document should be corrected to reflect these awards.

2. There is insufficient evidence to support an award of the Purple Heart, and there is no evidence to substantiate his claim that he is entitled to the Combat Infantryman Badge.

3. The applicant’s Letter of Commendation concerning his being an honor graduate from the 4th Infantry Division NCO Academy is not authorized for inclusion on the DD Form 214.

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 applicant the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Presidential Unit Citation, the Army Commendation Medal with “V” Device, four bronze service stars on his Vietnam Service Medal, and the Good Conduct Medal for the period 12 September 1966 through 9 August 1968.

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

BOARD VOTE:

__SAC __ __RWA _ __PHM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Samuel A. Crumpler___
                  CHAIRPERSON




INDEX

CASE ID AR2002077440
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030403
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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