Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002078526C070215
Original file (2002078526C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 April 2003
         DOCKET NUMBER: AR2002078526


         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. John N. Slone Chairperson
Mr. Thomas Lanyi Member
Mr. Bernard P. Ingold 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 he was wounded in Vietnam during a mortar attack on 11 January 1969. He further states that he was treated in the field by medics, but was never awarded the Purple Heart. In support of his application he submits a letter from his company commander at the time, which corroborates his claim.

4. The applicant’s military records show that he was inducted in Atlanta, Georgia, on 10 April 1968. He successfully completed his training and was transferred to Vietnam on 9 September 1968. He was assigned to Company B, 4th Battalion, 12 Infantry Regiment, 199th Infantry Brigade for duty as a light weapons infantryman. He was advanced to the pay grade of E-3 on 21 September 1968.

5. He departed Vietnam on 29 August 1969 and was transferred to Fort Dix, New Jersey, where he remained until he was honorably released from active duty on 9 April 1970. He had served 2 years of total active service and was awarded the Good Conduct Medal, the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, and the Army Commendation Medal.

6. A review of the available records fails to show any evidence that the applicant was wounded or injured in Vietnam. However, the supporting statement submitted by the applicant with his application is from his company commander at the time. The commander confirms that the applicant was wounded during a mortar attack on 11 January 1969 and he (the commander) presumed that he had been awarded the Purple Heart along with others who were wounded during the attack. However, he assumes responsibility for the oversight and requests that the applicant be awarded the Purple Heart that he earned.

7. A review of unit records at the National Archives in College Park, Maryland failed to reveal that the applicant was wounded; however, units records (Duty Officer's Log) show that the applicant's unit did in fact undergo a mortar attack on 11 January 1969 at 2134 hours and resulted in five casualties, of which three required evacuation. Additionally, four soldiers were wounded by a booby trap explosion.

8. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury 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.

9. 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 subsequently awarded the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation for the period the applicant was assigned. His unit also participated in four campaigns during his assignment which would entitle him to be awarded four bronze service stars for wear on his already awarded VSM.

CONCLUSIONS:

1. Although the evidence of record has failed to show that the applicant was wounded in action against the enemy and that the treatment of his wound was made a matter of record, the statement from the company commander at the time, as well as records from the National Archives to corroborate the attack, is sufficiently convincing enough to show that he was in fact wounded on 11 January 1969 and that the failure to record the treatment and award him the Purple Heart was the result of administrative oversight.

2. Accordingly, the Board finds that as a matter of equity and in the interest of justice, the applicant should be awarded the Purple Heart at this time.

3. Additionally, the Board finds that he is entitled to be awarded the RVNCAHM –FC Unit Citation, the RVNGC w/Palm Unit Citation and four bronze service stars for wear on his already awarded VSM

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 action on 11 January 1969 while serving in the pay grade of E-3, the RVNCAHM – FC Unit Citation, the RVNGC w/Palm Unit Citation, and four bronze service stars for wear on his already awarded VSM.

BOARD VOTE:

___bpi __ ___js____ ___tl____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____John N. Slone______
                  CHAIRPERSON




INDEX

CASE ID AR2002078526
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/04/29
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 61 107.0015/PH
2. 140 107.0094/RVNGC
3. 141 107.0095/RVNCAHM
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002074809C070403

    Original file (2002074809C070403.rtf) Auto-classification: Approved

    However, his records do contain orders awarding him the Army Good Conduct Medal (GCMDL) on 13 June 1968, which was not recorded on his DD Form 214 at the time of his REFRAD. While the applicant’s records do not contain a copy of the orders awarding him the Purple Heart, his records clearly contain information showing that he was wounded in combat on 14 May 1967 and that he was treated by medical personnel at the time. RECOMMENDATION : That all of the Department of the Army records related...

  • ARMY | BCMR | CY2006 | 20060000307C070205

    Original file (20060000307C070205.doc) Auto-classification: Approved

    John Heck | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record clearly shows that the applicant sustained shrapnel wounds in Vietnam and that he was treated by medical personnel at the time; however, it appears that an administrative oversight resulted in his not being awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2003 | 2003090245C070212

    Original file (2003090245C070212.rtf) Auto-classification: Approved

    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. 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. Although there are no orders present in the applicant's records to verify his claim that he was awarded the Purple Heart in Vietnam, there is sufficient evidence available...

  • ARMY | BCMR | CY2002 | 2002080587C070215

    Original file (2002080587C070215.rtf) Auto-classification: Approved

    The applicant states that he believes that he should have been awarded the Purple Heart for a wound he received in Vietnam when a piece of shrapnel hit him in the inner left thigh. The Board finds that there is sufficient evidence in the available records to show that the applicant was in fact wounded in Vietnam and should have been awarded the Purple Heart for his wound. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by awarding the...

  • ARMY | BCMR | CY2002 | 2002078323C070215

    Original file (2002078323C070215.rtf) Auto-classification: Approved

    In support of his application he submits statements from the company executive officer (a Retired colonel) and two former members of his unit who were present when he was wounded and a copy of the orders awarding him the Combat Infantryman Badge (CIB). Accordingly, the Board must presume that given the circumstances surrounding the attack, the large number of soldiers killed and wounded and the confusion that followed thereafter, that because the applicant was returned to duty after medical...

  • ARMY | BCMR | CY2002 | 2002080013C070215

    Original file (2002080013C070215.rtf) Auto-classification: Approved

    However, the evidence of record does establish that he is entitled to be awarded the RVNCAHM-FC Unit Citation, the RVNGC w/Palm Unit Citation, the MUC and four bronze service stars for wear on his already awarded VSM. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 14 November 1967 through 12 July 1969. That all of the Department of the Army records related to this case be corrected...

  • ARMY | BCMR | CY2002 | 2002080348C070215

    Original file (2002080348C070215.rtf) Auto-classification: Approved

    The Board finds that the evidence of record establishes that he was injured in combat in Vietnam on 4 September 1970 and that he is entitled to an award of the Purple Heart for that injury at this time. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 6 August 1969 through 5 August 1971. In view of the foregoing, the applicant’s records should be corrected as recommended below.

  • ARMY | BCMR | CY2005 | AR20050016517C070206

    Original file (AR20050016517C070206.doc) Auto-classification: Approved

    He completed his BCT and was transferred to Fort Lee, Virginia, to undergo his advanced individual training (AIT) as a petroleum storage specialist. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Purple Heart and by awarding him the GCMDL for the...

  • ARMY | BCMR | CY2003 | 2003087226C070212

    Original file (2003087226C070212.rtf) Auto-classification: Approved

    The evidence of record clearly shows that the applicant was awarded two awards of the Purple Heart; however, an administrative oversight at the time of separation resulted in one award being omitted from his DD Form 214. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 21 March 1967 through 11 January 1970. RECOMMENDATION : That all of the Department of the Army records related to...

  • ARMY | BCMR | CY2006 | 20060010813

    Original file (20060010813.txt) Auto-classification: Denied

    Regrettably, absent evidence which conclusively shows that the applicant was wounded as a result of hostile action, and that he was treated for wounds incurred as a result of hostile action which was made a matter of official record, there is no basis to grant award of the Purple Heart to the applicant in this case. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis...