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Decision Text

ARMY | BCMR | CY2002 | 2002077954C070215
Original file (2002077954C070215.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 January 2003
         DOCKET NUMBER: AR2002077954


         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. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Ms. Jennifer L. Prater Member
Ms. Mae M. Bullock 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 amended to add the Purple Heart.

3. The applicant states that he was wounded in action on 6 March 1969. He was given the certificate and the medal but it was never added to his DD Form 214.

4. The applicant’s military records show that he was inducted into the Army on 3 July 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5. The applicant arrived in Vietnam on or about 24 December 1968 and was assigned to Company D, 2d Battalion, 35th Infantry, 4th Infantry Division.

6. On 6 March 1969, the applicant was wounded (not seriously). The casualty message notes that he was on a reconnaissance mission in force when his unit engaged with hostile forces in a firefight. His left knee was sprained when he was hit by a falling tree during the firefight. He was treated in the field and returned to duty.

7. The applicant was honorably discharged on 19 March 1969 for the purpose of immediately reenlisting in the Regular Army on 20 March 1969.

8. The applicant was reassigned to the 630th Military Police Company on 1 April 1969. He departed Vietnam on 18 October 1969 after receiving participation credit for three campaigns.

9. The applicant was released from active duty on 20 December 1971. His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device 1960, the Combat Infantryman Badge, and two overseas service bars.

10. Army Regulation 600-8-22, Military Awards, provides for award of the Purple Heart 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 by a medical officer, and the medical treatment must have been made a matter of official record.

11. Army Regulation 600-8-22 provides for the wear of one bronze service star on the appropriate service medal for each credited campaign.

12. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the 2d Battalion, 35th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 through 28 July 1969 on Department of the Army General Orders 38, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation for the period 1 August 1967 through 31 October 1969 on Department of the Army General Orders 53, dated 1970.

CONCLUSIONS:

1. The evidence of record shows the applicant was wounded in action on 6 March 1969. The Purple Heart should be added to his DD Form 214.

2. The evidence of record shows the applicant received participation credit for three campaigns. He is entitled to wear three bronze service stars on the Vietnam Service Medal and his DD Form 214 should be amended to reflect this.

3. The applicant was assigned to a unit during a period of time that unit 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. These unit awards should be added to his DD Form 214.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That the applicant's DD Form 214 be amended to add the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation and to show he is entitled to wear three bronze service stars on the Vietnam Service Medal.

BOARD VOTE:


__MKP__ __JLP _ __MMB __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Margaret K. Patterson _
                  CHAIRPERSON



INDEX

CASE ID AR2002077954
SUFFIX
RECON
DATE BOARDED 2003/01/14
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION FULL GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.



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