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ARMY | BCMR | CY2002 | 2002078161C070215
Original file (2002078161C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 30 JANUARY 2003
         DOCKET NUMBER: AR2002078161


         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. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Christopher J. Prosser Member
Ms. Yalonda Maldonado 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 award of the Purple Heart.

3. The applicant states that he received a fragmentation wound to the left side of his back. He was treated at a hospital, possibly the 97th Evacuation Hospital.

4. The applicant’s military records show that he enlisted in the Army on 27 November 1967, trained as an infantryman, and was assigned to Fort Clayton in the Canal Zone. In February 1969 he was assigned to Fort Jackson, South Carolina, and in April of that year to Company D, 5th Battalion, 12th Infantry of the 199th Infantry Brigade in Vietnam as a rifleman. He completed his tour in Vietnam and in April 1970 was assigned to an infantry unit in Germany. Orders contained in the applicant’s official military personnel file (OMPF) show that he was awarded the Army Commendation Medal for meritorious achievement on two occasions, the Army Commendation Medal for meritorious service, and the Army Commendation Medal with “V” device (third oak leaf cluster). He participated in three campaigns during his tour in Vietnam, and the 5th Battalion, 12th Infantry was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its actions during the time the applicant was assigned to that unit. He returned to the United States and was released from active duty in the rank of specialist four on 17 November 1970 at Fort Dix, New Jersey.

5. The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he received a fragmentation wound to the left side of his back on 27 June 1969. The Vietnam Casualty Roster maintained by this agency shows that he was wounded in action on 27 June 1969.

6. The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show award of the Purple Heart, does not credit him with participation in three campaigns during his tour in Vietnam, and does not reflect award of the Army Commendation Medal with “V” device (third oak leaf cluster). It does not show award of the Army Good Conduct Medal.

7. The Army 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.

CONCLUSIONS
:

1. The applicant was wounded in action in Vietnam on 27 June 1969. He is entitled to award of the Purple Heart.

2. The applicant is entitled to award of the Vietnam Service Medal with three bronze service stars (one for each campaign). He is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

3. The applicant received four awards of the Army Commendation Medal, one of which was for heroism. His record should show award of the Army Commendation Medal with “V” device (third oak leaf cluster).

4. The applicant served his country faithfully and honorably. He is entitled to award of the Army Good Conduct Medal for the period 27 November 1967 through 17 November 1970.

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 showing that the individual concerned was awarded the Purple Heart, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Army Commendation Medal with “V” device (three oak leaf clusters), and the Army Good Conduct Medal.

BOARD VOTE:

__WTM__ __CJP___ ___YM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Walter T. Morrison____
                  CHAIRPERSON




INDEX

CASE ID AR2002078161
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030130
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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