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Decision Text

ARMY | BCMR | CY2002 | 2002078502C070215
Original file (2002078502C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 February 2003
         DOCKET NUMBER: AR2002078502


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor Chairperson
Ms. Gail J. Wire Member
Mr. Robert J. Osborn 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 correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 6 February 1967 to show award of the Purple Heart.

3. The applicant states, in effect, that he was given a Purple Heart for wounds received when his helicopter was shot down sometime between December 1965 and September 1966 in Vietnam. In support of his application, he submits an undated statement of explanation and three copies of DD Forms 214.

4. The applicant’s military records show that he was inducted on 10 May 1960 and discharged on 29 November 1960 for immediate enlistment. He enlisted on 30 November 1960 for a period of 3 years. He served as an infantryman in Germany from 8 January 1961 through 23 January 1963 and was honorably released on 29 November 1963. The applicant entered active duty again on
3 February 1964 for a period of 3 years. He served as a gunner in Vietnam from 7 September 1965 through 25 August 1966 and was discharged on 6 February 1967 with a general discharge.

5. The applicant's DD Form 214 with an effective date of 6 February 1967 does not show the Purple Heart as an authorized award.

6. U.S. Army Vietnam General Orders Number 1381, dated 2 November 1965, show the applicant received the Purple Heart for wounds received in action on
30 September 1965 in Vietnam.

7. The applicant's DD Form 214 with an effective date of 6 February 1967 shows the "Air Medal (6 OLC)" [Sixth Oak Leaf Cluster] as an authorized award. His service personnel records contain orders for 15 awards of the Air Medal.

8. 145th Aviation Battalion Special Orders Number 51, dated 5 March 1966, show the applicant was awarded the Aircraft Crewman Badge (Permanent). This award is not shown on his DD Form 214 with an effective date of 6 February 1967.

9. The applicant's DD Form 214 with an effective date of 6 February 1967 shows the Vietnam Service Medal as an authorized award. His records show that he participated in three campaigns during his assignment in Vietnam.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period May to November 1965 by Department of the Army General Orders Number 40, dated 1966. This award is not shown on his DD Form 214 with an effective date of 6 February 1967.
11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 22, dated 1968. This award is not shown on his DD Form 214 with an effective date of 6 February 1967.

12. Army Regulation 600-8-22 (Military Awards) provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal.

13. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1. Evidence of record shows the applicant received the Purple Heart for wounds received in action on 30 September 1965 in Vietnam. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 6 February 1967 to show this award.

2. Evidence of record shows the applicant received 15 awards of the Air Medal during his tour in Vietnam. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 6 February 1967 to show award of the Air Medal with Numeral "15."

3. Evidence of record shows the applicant received the Aircraft Crewman Badge; therefore, he is entitled to correction of his DD Form 214 with an effective date of 6 February 1967 to show this badge.

4. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show these awards.

5. The applicant's unit received the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 6 February 1967 to show these unit awards.

6. 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 Air Medal with Numeral "15", the Aircraft Crewman Badge, the Vietnam Service Medal with three bronze service stars, the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

RVO__ GJW_____ RJO_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O'Connor
                  CHAIRPERSON




INDEX

CASE ID AR2002078502
SUFFIX
RECON
DATE BOARDED 20030213
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0015
2. 107.0000
3.
4.
5.
6.


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