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ARMY | BCMR | CY2002 | 2002078239C070215
Original file (2002078239C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 February 2003
         DOCKET NUMBER: AR2002078239


         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. 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 he be awarded the Purple Heart.

3. The applicant states that on 6 June 1970, he was wounded while driving a truck on a mission in Cambodia when his truck struck a land mine and he received lacerations and contusions to both arms and legs.

4. The applicant’s military records show that he was inducted on 7 August 1969. He completed his training and was transferred to Vietnam on 5 January 1970, for duty as a combat engineer with the 31st Engineer Battalion. He was advanced to the pay grade of E-4 (SP4) on 13 May 1970.

5. On 6 June 1970, a Western Union Telefax was dispatched to the applicant’s wife, mother and father. The Telefax informed his family that he had been slightly wounded in action on 6 June 1970 while performing as a driver of a military vehicle on a military mission in Cambodia, when a mine detonated. He received lacerations and contusions to both arms and legs. He was treated and returned to duty.

6. On 7 June 1970, a casualty message was dispatched which indicated that the applicant was not seriously wounded, that he was treated in the field, and that his vehicle detonated a hostile land mine.

7. A review of his records fails to show that he was ever awarded the Purple Heart.

8. The applicant departed Vietnam on 24 November 1970 and was transferred to Fort Belvoir, Virginia, where he remained until he was honorably released from active duty on 17 June 1971, under the provisions of Army Regulation 635-200, chapter 5, to accept seasonal employment. He had served 1 year, 10 months and 11 days of total active service. He had excellent conduct and efficiency ratings throughout his service and was awarded the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal and the Vietnam Civic Actions Medal.

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 Valorous Unit Award (VUA) during the period he was assigned to the unit. It also shows that his unit participated in three campaigns during his tour in Vietnam, which constitutes authority to award the applicant three bronze service stars for wear on his already awarded VSM.

CONCLUSIONS:

1. The evidence of record contains sufficient evidence to support the applicant’s contention that he was wounded in action against the enemy on 6 June 1970 and that he was treated for those wounds. Accordingly, it would be in the interest of justice that he be awarded the Purple Heart at this time.

2. The evidence of record also shows that he is entitled to awards of the RVNGC w/Palm Unit Citation, the VUA, and three bronze service stars for wear on his already awarded VSM.

3. Accordingly, it would be in the interest of justice to award him those awards at this time and to correct his records to reflect those awards as well.

4. 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 awarding him the Purple Heart for wounds received in Vietnam on 6 June 1970 while serving in the rank of SP4, the RVNGC w/Palm Unit Citation, the VUA and three bronze service stars for wear on his already awarded VSM.

BOARD VOTE:

____fe __ ___ecp__ __ja ____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



___Fred N. EIichorn_____
CHAIRPERSON

INDEX

CASE ID AR2002078239
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/02/06
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 61 107.0015/PH
2. 79 107.0033/VUA
3. 140 107.0094/RVNGC
4.
5.
6.


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