| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. John N. Slone | Chairperson | ||
| Mr. Thomas Lanyi | Member | ||
| Mr. Bernard P. Ingold | Member |
2. The applicant requests that he be awarded two Purple Hearts.
3. The applicant states, in effect, that he was injured twice in Vietnam when tanks that he was in were blown up. However, he was never awarded Purple Hearts for those injuries.
4. The applicant’s military records show that he was inducted in Montgomery, Alabama, on 6 August 1969. He successfully completed his training and was transferred to Vietnam on 6 January 1970. He was assigned to A Troop, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division for duty as an armor crewman. He was advanced to the rank of specialist four (SP4) on 20 April 1970.
5. His Personnel Qualification Record (DA Form 20) in item 40 (Wounds), shows that on 4 September 1970, he sustained bruises to both legs. This information is further supported by entries on the Vietnam Casualty Listing which shows he was treated by medical personnel on 4 September 1970, that the cause of the injuries was "Mines" and that he was not hospitalized.
6. He departed Vietnam on 23 November 1970 and was transferred to Fort Meade, Maryland, where he remained until he was honorably released from active duty (REFRAD) on 5 August 1971, due to the expiration of his term of service (ETS). He had served 2 years of total active service and was awarded the National Defense Service Medal, the Army Commendation Medal, the Bronze Star Medal, the Republic of Vietnam Campaign Medal and the Vietnam Service Medal (VSM). His records contain no evidence of derogatory information and his conduct and efficiency ratings were all excellent.
7. 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.
8. 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, the Valorous Unit Award (VUA) and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation w for the period he was assigned to the unit in Vietnam. Additionally, he participated in four campaigns and is entitled to be awarded four bronze service stars for wear on his already awarded VSM.
9. Army Regulation 672-5-1, in effect at the time, established the criteria for award of the Army Good Conduct Medal (AGCM). It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.
CONCLUSIONS:
1. 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. However, the Board has been unable to establish any additional wounds or injuries.
2. Additionally the Board finds that by virtue of his assignment to the 4th Cavalry Regiment in Vietnam, he is entitled to awards of the RVNCAHM-FC, the RVNGC w/Palm, the VUA and four bronze service stars for wear on his already awarded VSM.
3. 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. This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.
4. The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served. Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.
5. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected:
a. by awarding the individual concerned the Purple Heart for injuries received in Vietnam on 4 September 1970, while serving in the rank of SP4.
b. by awarding him the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, the VUA and four bronze service stars for wear on his already awarded VSM; and
c. by awarding him the AGCM for the period of 6 August 1969 through 5 August 1971.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
____js___ __bpi ___ ___tl____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
_____John N. Slone______
CHAIRPERSON
| CASE ID | AR2002080348 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/04/29 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT PARTIAL |
| REVIEW AUTHORITY | |
| ISSUES 1. 61 | 107.0015/PH |
| 2. 79 | 107.0033/VUA |
| 3. 102 | 107.0056/AGCM |
| 4. 140 | 107.0094/RVNGC |
| 5. 141 | 107.0095/RVNCAHM |
| 6. |
ARMY | BCMR | CY2002 | 2002068780C070402
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. Although the applicant’s separation medical examination indicates that the applicant sustained injuries in Vietnam, there is no evidence in the available records to show that the applicant was wounded or injured in Vietnam during an action by enemy forces. After carefully examining the applicant’s record of service, the Board has determined that...
ARMY | BCMR | CY2002 | 2002080587C070215
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 | CY2003 | 2003087226C070212
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 | CY2002 | 2002078323C070215
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 | CY2003 | 2003091574C070212
The applicant states that he received three awards of the Purple Heart for wounds received in action in Vietnam; however, none of them are entered on his DD Form 214. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation, and the Valorous Unit Award (VUA)...
ARMY | BCMR | CY2009 | 20090019355
The applicant states that he was wounded in action in Cambodia in June 1970 and received the Purple Heart; however, it was not reflected on his records at the time of his release from active duty. However, there is no evidence in the available records to show that he was awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding of the Purple Heart, the Bronze Star Medal with one oak leaf cluster,...
ARMY | BCMR | CY2005 | AR20050015083C070206
Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 August 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 17 August 1972. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by...
ARMY | BCMR | CY2002 | 2002080013C070215
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 | 2002074809C070403
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 | CY2003 | 2003088374C070403
The Board is convinced by the evidence submitted with his application that he was in fact wounded in action with the enemy on Vietnam on 1 March 1965, while serving in the rank of private first class (PFC) and that he is entitled to the award of the Purple Heart. 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 8 October 1963 through 25 September 1966. c. by awarding him the AGCM for...