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ARMY | BCMR | CY2002 | 2002077699C070215
Original file (2002077699C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 March 2003
         DOCKET NUMBER: AR2002077699


         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. Samuel A. Crumpler Chairperson
Mr. Ted S. Kanamine Member
Ms. Shirley L. Powell 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 that he was wounded in the lower right arm during the first part of February 1968, while serving in Vietnam. He goes on to state that he was treated for a shrapnel wound by a Vietnamese doctor and apparently it was never entered in his records. He further states that at the time he was wounded he was on patrol with the South Vietnamese Army as an advisor. He continues by stating that he did not realize at the time how important it was to ensure it was documented in his records.

4. The applicant’s military records show that he initially enlisted on 19 July 1961 and served as a cook, until he was honorably discharged on 3 September 1964. He again enlisted on 26 February 1965 for a period of 3 years. He was transferred to Fort Knox, Kentucky, where he served as a cook.

5. He was transferred with his unit (272d Military Police Company) to Vietnam, where he continued to serve as a cook during the period of 13 August 1965 to 1 August 1966.

6. Upon departing Vietnam, he was transferred to Fort Huachuca, Arizona, where he served as a cook, was promoted to the pay grade of E-6 on 6 July 1967 and then served as a mess steward.

7. On 4 September 1967, he was transferred back to Vietnam, where he was assigned as the Mess Steward for Advisory Team 34, II Corps Advisory Group. He remained in Vietnam until he was returned to Oakland Army Base, California, on 15 February 1968, where he was honorably discharged as an early overseas returnee. He had served 6 years, 6 months and 27 days of total active service and was awarded the Bronze Star Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, the Army Commendation Medal, the National Defense Service Medal, and the Good Conduct Medal.

8. A review of the applicant's records shows that he was treated for a broken incisor and small lacerations of the arm and abdomen on 1 June 1967 (applicant was at Fort Huachuca during this timeframe). His records also show that he was receiving proficiency pay as a cook from 1 October 1967 until his separation.

9. 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.

10. 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 also authorized awards of the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Meritorious Unit Commendation (MUC) during the period he was assigned to the units. It also shows that his units participated in five campaigns during his tour in Vietnam, which constitutes authority to award the applicant one silver service star for wear on his already awarded VSM.

CONCLUSIONS:

1. The evidence of record fails to show that the applicant was wounded/injured as a result of enemy action or that he was treated for such. Therefore, absent evidence to the contrary, it must be presumed that what the Army did in his case was correct. Accordingly, the Board finds no basis to award him the Purple Heart.

2. However, subsequent to the applicant's separation, the units he served with in Vietnam were awarded the RVNGC w/Palm Unit Citation and the MUC. Therefore, the Board finds that it would be in the interest of justice to award him those awards at this time and to award him a bronze service star for wear on his already awarded VSM.

3. 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 RVNGC w/Palm Unit Citation, the MUC and one silver service star for wear on his already awarded VSM.

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

BOARD VOTE:

__tmc___ ___slp___ __sac___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Samuel A. Crumpler____
                  CHAIRPERSON




INDEX

CASE ID AR2002077699
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/03/11
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 61 107.0015/PH
2. 80 107.0034/MUC
3. 140 107.0094/RVNGC
4.
5.
6.


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