Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002078708C070215
Original file (2002078708C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 January 2003
         DOCKET NUMBER: AR2002078708


         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
Mr. Arthur A. Omartian Member
Ms. Marla J. Troup 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 was wounded in combat and did not receive the Purple Heart. He contends that shrapnel is still in his forearm.

4. The applicant’s military records show that he was inducted on 17 April 1967. He served as an infantryman in Vietnam from 8 May 1969 through 7 February 1970 and was honorably released from active duty on 11 February 1970.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

7. His DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant’s name does not appear on the Vietnam Casualty Roster.

8. The applicant’s DD Form 214 shows the Army Commendation Medal as an authorized award. His records contain general orders for this award.

9. The applicant’s service personnel records contain 1st Cavalry Division (Airmobile) General Orders Number 15610, dated 8 December 1969, which show the applicant received the Army Commendation Medal with “V” Device for heroism during the period 4 November 1969 to 7 November 1969. This award is not shown on his discharge document.

10. His records also contain 1st Cavalry Division (Airmobile) General Orders Number 16061, dated 16 December 1969, which show the applicant received the Air Medal. This award is not shown on his discharge document.

11. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he participated in three campaigns during his assignment in Vietnam.

12. 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 59, dated 1969. This award is not shown on his discharge document.

13. 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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

14. Army Regulation 600-8-22 also provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

15. 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. The Board considered the applicant’s contention that he was wounded in combat.

2. There is no evidence of record which shows the applicant was wounded or treated for wounds due to hostile action in Vietnam.

3. The applicant signed his discharge document on 11 February 1970 attesting to the fact that he was not entitled to award of the Purple Heart.

4. The preponderance of evidence in this case shows the applicant was not wounded or otherwise eligible for award of the Purple Heart.

5. Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

6. The applicant’s DD Form 214 shows the Army Commendation Medal as an authorized award. The applicant received the Army Commendation Medal and the Army Commendation Medal with “V” Device. Therefore, his records should be corrected to show award of the Army Commendation Medal with First Oak Leaf Cluster with “V” Device.

7. The applicant received the Air Medal; therefore, his records should be corrected to show this medal.

8. 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.

9. The applicant’s unit received 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 to show this unit citation.

10. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Army Commendation Medal with First Oak Leaf Cluster with “V” Device, the Air Medal, the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

RVO___ AAO____ MJT_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Raymond V. O’Connor____
                  CHAIRPERSON




INDEX

CASE ID AR2002078708
SUFFIX
RECON
DATE BOARDED 20030116
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0015
2. 107.0000
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2004 | 20040010436C070208

    Original file (20040010436C070208.doc) Auto-classification: Approved

    The applicant's service personnel records show he served a period of qualifying service in Vietnam and is entitled to award of the Vietnam Service Medal. Evidence of record also shows that the applicant participated in one campaign during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing one award of the Purple Heart, award of the Army Commendation Medal with "V" Device (First Oak Leaf...

  • ARMY | BCMR | CY2012 | 20120005438

    Original file (20120005438.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect all awards and decorations earned, including the: * Bronze Star Medal with 2nd Oak Leaf Cluster with "V" Device * Army Commendation Medal with 1st Oak Leaf Cluster with "V" Device * Purple Heart with 1st Oak Leaf Cluster * Combat Infantryman Badge 2. He should be awarded the Army Good Conduct Medal (1st Award) for the period 14 March 1968 to 22 February 1970...

  • ARMY | BCMR | CY2008 | 20080017252

    Original file (20080017252.txt) Auto-classification: Approved

    Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The applicant requests that the Air Medal with 26 Oak Leaf Clusters, the Purple Heart, the Army Commendation Medal and the Republic of Vietnam Gallantry Cross with Bronze Star be added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2002 | 2002082863C070215

    Original file (2002082863C070215.rtf) Auto-classification: Approved

    16 October 1969 in Vietnam. However, evidence of record shows the applicant participated in six campaigns during his assignments in Vietnam which are not correctly shown by award of one silver service star and one bronze service star for wear on his Vietnam Service Medal. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal with Second Oak Leaf Cluster with "V" Device, the Air Medal, the...

  • ARMY | BCMR | CY2009 | 20090014112

    Original file (20090014112.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show the Bronze Star Medal with "V" Device and the Purple Heart. Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 for the...

  • ARMY | BCMR | CY2004 | 20040003381C070208

    Original file (20040003381C070208.doc) Auto-classification: Approved

    Therefore, the applicant is entitled to have his records corrected to show this award. Navy Orders Number 1650, dated 23 July 1969, shows that the applicant was awarded the Purple Heart for wounds received in action against armed enemies of the United States on 3 April 1969. Therefore, he is entitled to correction of his military records to show these awards.

  • ARMY | BCMR | CY2008 | 20080018521

    Original file (20080018521.txt) Auto-classification: Approved

    Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal for the period 7 December 1967 to 5 December 1969 and correct his military records to show this award. The applicant participated in four campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show four bronze service stars to be affixed to his already-awarded Vietnam Service Medal instead of the two bronze service stars currently shown. As a result,...

  • ARMY | BCMR | CY2009 | 20090018436

    Original file (20090018436.txt) Auto-classification: Approved

    Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 does not show he was awarded the Bronze Star Medal and the Purple Heart. Item 24 does show he was awarded the Army Commendation Medal with "V" device and is authorized the Vietnam Service Medal with two bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his...

  • ARMY | BCMR | CY2009 | 20090007479

    Original file (20090007479.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Purple Heart. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....

  • ARMY | BCMR | CY2009 | 20090003481

    Original file (20090003481.txt) Auto-classification: Approved

    The applicant requests correction of his records to show award of the Purple Heart and correction of his social security number on the Army Commendation Medal with "V" Device award order to show xxx-20-xxxx instead of xxx-29-xxxx. Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (first award) and correct of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...