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ARMY | BCMR | CY2002 | 2002080311C070215
Original file (2002080311C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 April 2003
         DOCKET NUMBER: AR2002080311


         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. Walter T. Morrison Chairperson
Mr. Harry B. Oberg Member
Mr. Ronald J. Weaver 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 treated at the 3rd Field Hospital in Saigon for a head wound received from a piece of metal or projectile from an unknown Vietnamese. In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge).

4. The applicant’s military records show that he retired on 31 May 1968 in the rank of Chief Warrant Officer Two after completing over 20 years of service.

5. The applicant's retirement DD Form 214 with an effective date of 31 May 1968, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6. The applicant's DA Form 66 (Officer Qualification Record) shows that he served in Vietnam from 13 October 1965 through 6 October 1966. There is no evidence in the applicant's service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

7. Item 21 (Awards and Decorations) on the applicant's DA Form 66 (Officer Qualification Record) does not show entitlement to the Purple Heart.

8. The applicant's name does not appear on the Vietnam Casualty Roster.

9. There are no service medical records in the available records.

10. The applicant's retirement DD Form 214 with an effective date of 31 May 1968 shows one award of the Meritorious Unit Citation (correctly known as the Meritorious Unit Commendation). However, the Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the units, to which the applicant was assigned, were cited for two awards of the Meritorious Unit Commendation for actions during the period November 1965 to October 1966 by Department of the Army General Orders Number 17, dated 1968; and for actions during the period 20 June 1965 to 1 April 1966 by Department of the Army General Orders Number 53, dated 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 8, dated 1974. This award is not shown on his retirement DD Form 214 with an effective date of 31 May 1968.




12. Army Regulation 600-8-22 (Military Awards) 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.

CONCLUSIONS
:

1. The Board noted the applicant's contention that he was treated at the 3rd Field Hospital in Saigon for a head wound received from a piece of metal or projectile from an unknown Vietnamese.

2. There is no evidence in the applicant's service personnel records which shows that he was wounded or injured as a result of hostile action in Vietnam.

3. The applicant signed his retirement DD Form 214 attesting that he was not entitled to award of the Purple Heart.

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

5. The applicant's retirement DD Form 214 with an effective date of 31 May 1968 shows one award of the Meritorious Unit Commendation. However, evidence of record shows the applicant's units were cited for two awards of the Meritorious Unit Commendation. Therefore, it would be appropriate to correct the applicant's retirement DD Form 214 with an effective date of 31 May 1968 to show two awards of the Meritorious Unit Commendation.

6. The applicant's unit was cited for 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 retirement DD Form 214 with an effective date of
31 May 1968 to show this unit citation.

7. 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 two awards of the Meritorious Unit Commendation and one award of 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:

WTM___ HBO___ RJW_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Walter T. Morrison__
                  CHAIRPERSON




INDEX

CASE ID AR2002080311
SUFFIX
RECON
DATE BOARDED 20030417
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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