Mr. Carl W. S. Chun | Director | |
Ms. Wanda L. Waller | Analyst |
Mr. Raymond V. O’Connor | Chairperson | |
Mr. Arthur A. Omartian | Member | |
Ms. Marla J. Troup | Member |
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
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. |
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