Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002077721C070215
Original file (2002077721C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 February 2003
         DOCKET NUMBER: AR2002077721


         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. James E. Anderholm Member
Ms. Eloise C. Prendergast 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 Purple Heart (PH) be added to his separation document.

3. The applicant states he was awarded the PH, but it does not show up on his military records.

4. In support of his request he submits a newspaper article which states he was awarded the PH.

5. The applicant’s military records show that he was inducted and entered on active duty on 16 December 1966. He was awarded the military occupational specialty of infantryman and was promoted to pay grade E-5. He served in Vietnam from 23 June 1967 to 20 June 1968.

6. On 23 March 1968, the applicant was treated for a ruptured eardrum. In the treatment record it was stated that the patient was, “involved in mine explosion of [armored personnel carrier] 2 days ago.”

7. On 1 April 1968, the applicant was awarded the Bronze Star Medal (BSM) for valor. In the BSM orders it was stated that the applicant’s APC received a direct hit from an enemy rocket propelled grenade resulting in the vehicle bursting into flames.

8. The applicant was honorably released from active duty on 13 December 1968. His separation document shows that he was awarded the Vietnam Service Medal with 3 bronze service stars, the Republic of Vietnam Campaign Medal, the National Defense Service Medal, the Combat Infantryman Badge, and marksmanship qualification badges.

9. The applicant was awarded the first oak leaf cluster to his BSM on General Orders Number 5468 dated 14 June 1968.

10. Army Regulation 600-8-22 provides that the PH 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.

11. Army Regulation 600-8-22 also provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. A record of punishment is not automatically disqualifying. However, at that time, a single efficiency rating of less than excellent was disqualifying. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. At that time, nonfavorable consideration was normally noted on the DA Form 20.

12. Army Pamphlet 672-3 (Unit Citation and Campaign Register) indicates that all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 are authorized the Republic of Vietnam (RVN) Gallantry Cross Unit Citation with Palm.

13. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant's unit was awarded the RVN Civil Actions Honor Medal, FC, for a period which included the dates the applicant was assigned to that unit.

CONCLUSIONS:

1. A direct hit from a rocket propelled grenade on an APC would certainly cause a ruptured eardrum.

2. Since a ruptured eardrum is a wound, the applicant is entitled to the PH.

3. While not requested by the applicant, the Board considered whether he should have been awarded the Good Conduct Medal. In that regard, the applicant has an exemplary service record, being promoted to noncommissioned officer in less than 2 years and being awarded a valorous award, and has no record of any disciplinary actions being taken against him. As such, it would appear that he should have been awarded the Good Conduct Medal.

4. Also, the applicant is entitled to the Republic of Vietnam (RVN) Gallantry Cross Unit Citation with Palm and the RVN Civil Actions Honor Medal, FC, and to have those awards, along with his BSM with oak leaf cluster, added to his separation document.

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 by:

         a. awarding to the individual concerned the PH;

         b. awarding him the Good Conduct Medal for the period 16 December 1966 through 13 December 1968;

         c. awarding him the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the RVN Civil Actions Honor Medal, FC; and

         d. adding these awards, along with his BSM for Valor with oak leaf cluster, to his separation document.

BOARD VOTE:

__fne____ ___ecp__ ___jea__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Fred N. Eichorn________
                  CHAIRPERSON




INDEX

CASE ID AR2002077721
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020206
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.



Similar Decisions

  • ARMY | BCMR | CY2003 | 2003084411C070212

    Original file (2003084411C070212.rtf) Auto-classification: Approved

    The applicant’s military records show that he was inducted and entered on active duty on 27 March 1968. The applicant’s military records show that he was rapidly promoted, there is no evidence of any adverse action being taken or considered against him, and there is no disqualification for the Good Conduct Medal contained in his DA Form 20. While not requested by the applicant, the Board also considered whether he should have been awarded the Good Conduct Medal.

  • ARMY | BCMR | CY2002 | 2002075606C070403

    Original file (2002075606C070403.rtf) Auto-classification: Approved

    His separation document shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Combat Infantryman Badge. This regulation also shows that the applicant's unit in Vietnam was awarded the RVN Civil Actions Honor Medal First Class Unit Citation, for the time in which the applicant was assigned. Army Regulation 600-8-22 also provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their...

  • ARMY | BCMR | CY2009 | 20090011335

    Original file (20090011335.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 10 December 2009 DOCKET NUMBER: AR20090011335 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's OMPF is void of any orders or other documents that indicate he was ever wounded in action or recommended for or awarded the PH by proper authority while serving in the RVN. Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 27 May 1966 through 25 December 1968, and to add this award to...

  • ARMY | BCMR | CY2007 | 20070011331C080407

    Original file (20070011331C080407.doc) Auto-classification: Approved

    The applicant requests, in effect, that Headquarters, II Field Force Vietnam General Orders (GO) Number (#) 2602, dated 2 October 1969, and accompanying certificate and citation, be corrected to reflect his correct middle initial, Social Security Account Number (SSAN) and date of action; and that Headquarters, II Field Force Vietnam GO # 2267, dated 7 September 1969, and accompanying certificate be corrected to reflect his correct SSAN. The applicant finally provides a unit order that cites...

  • ARMY | BCMR | CY2004 | 20040004585C070208

    Original file (20040004585C070208.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 May 2005 DOCKET NUMBER: AR20040004585 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 evidence of record includes copies of GOs awarding the applicant the PH 1st Oak Leaf Cluster and ARCOM. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2003 | 2003084994C070212

    Original file (2003084994C070212.rtf) Auto-classification: Approved

    However, the Board is only able to confirm his entitlement to the BSM with “V” Device. During the review of this case, the Board found the applicant is entitled to other awards that were not included in his record. That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was awarded the Bronze Star Medal with “V” Device; by awarding him the first award of the Army Good Conduct Medal, for his qualifying period of...

  • ARMY | BCMR | CY2008 | 20080003326

    Original file (20080003326.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 13 May 2008 DOCKET NUMBER: AR20080003326 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. These orders awarded the applicant the PH for being wounded in action in the RVN on 15 March 1968. Therefore, it would be appropriate and serve the interest of justice to award the applicant the PH 1st Oak Leaf Cluster (2nd Award) for being wounded in action in the RVN on 1 June 1968, and to add these awards to his record and separation document at this time.

  • ARMY | BCMR | CY2012 | 20120002765

    Original file (20120002765.txt) Auto-classification: Approved

    The DD Form 214 he was issued lists the following awards: * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal (RVNCM) * ARCOM with “V” Device * Combat Medical Badge * BSM 8. Therefore, it would be appropriate and serve the interest of justice and equity to award him the first award of the AGCM for his qualifying period of honorable active duty service from 4 April 1968 through 4 January 1970, and to add this award to his record and DD Form 214. As a result,...

  • ARMY | BCMR | CY2008 | 20080010066

    Original file (20080010066.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). By regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 2...

  • ARMY | BCMR | CY2015 | 20150001805

    Original file (20150001805.txt) Auto-classification: Approved

    The applicant's military records show he was inducted into the Army of the United States on 13 June 1968. Thus, it would be appropriate to award the applicant the PH for wounds received in action in the RVN on 20 May 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the: * Bronze Star Medal * Vietnam Service Medal with 2 bronze service stars b. awarding him the Purple Heart for...