Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002080587C070215
Original file (2002080587C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 June 2003
         DOCKET NUMBER: AR2002080587


         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. Raymond V. O’Connor, Jr. Chairperson
Mr. John P. Infante Member
Ms. Eloise C. Prendergast 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 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. He goes on to state that at the time he was feeding a machinegun when he was struck by shrapnel and that his adrenalin was running so high he did not even notice it and he still has a piece of the shrapnel in him. He further states that following the battle, his priority was to help those more seriously wounded rather than insuring that he received a Purple Heart.

4. The applicant’s military records show that he enlisted on 31 July 1968 for a period of 2 years. He successfully completed his training as a light weapons infantryman and was transferred to Vietnam on 2 January 1969. He was initially assigned to Company D, 14th Engineer Battalion for duty as a pioneer. A week later he was assigned to the battalion as a construction draftsman. On 12 May 1969, he was reassigned to A Company, 1st Battalion, 2nd Infantry Battalion, for duty as a rifleman. His Enlisted Qualification Record (DA Form 20) shows that he was wounded in the left leg on 30 June 1969 and was awarded the Combat Infantryman Badge (CIB) on 9 July 1969. He was promoted to the pay grade of E-5 on 5 November 1969. There is no indication that he was ever awarded the Purple Heart for his wound.

5. He departed Vietnam on 31 December 1969 and was transferred to Fort Lewis, Washington, where he remained until he was honorably released from active duty on 30 July 1970, 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 Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal and the Good Conduct Medal and the CIB.

6. A review of his official records shows that on 11 May 1970, he underwent a separation medical/physical examination in which he indicated at that time that he had a bullet wound in the left leg from Vietnam that bothered him. The physician's summary indicates that it was a shrapnel wound and that the shrapnel was still present.

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 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) for service in Vietnam during the period the applicant was assigned. It also shows that he participated in four campaigns during his assignment in Vietnam and is entitled to be awarded four bronze service stars for wear on his already awarded VSM.

CONCLUSIONS:

1. 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. Accordingly, it would be in the interest of justice to do so at this time.

2. The Board also finds that he should have been awarded 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. Therefore it would be appropriate to do so at this time and to correct his records accordingly.

3. 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 the individual concerned the Purple Heart for wounds received in action against the enemy on 30 June 1969 and 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.

BOARD VOTE:

___jpi___ ___ecp__ ___rvo __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O’Connor, Jr._
                  CHAIRPERSON



INDEX

CASE ID AR2002080587
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/06/12
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/VNGC
3. 141 107.0095/RVNCAHM
4. 79 107.0033/VUA
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002068780C070402

    Original file (2002068780C070402.rtf) Auto-classification: Approved

    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 | 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 | AR20050015083C070206

    Original file (AR20050015083C070206.doc) Auto-classification: Denied

    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 | CY2003 | 2003091574C070212

    Original file (2003091574C070212.rtf) Auto-classification: Approved

    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 | 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 | CY2009 | 20090019355

    Original file (20090019355.txt) Auto-classification: Approved

    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 | CY2002 | 2002083341C070215

    Original file (2002083341C070215.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. The applicant has provided sufficient evidence to show that he is entitled to an award of the Purple Heart for wounds/injuries received in Vietnam on 9 January 1968. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by awarding him the Purple Heart for...

  • ARMY | BCMR | CY2005 | 20050003376C070206

    Original file (20050003376C070206.doc) Auto-classification: Approved

    The applicant requests that his records be corrected to reflect his awards of the Combat Infantryman Badge (CIB) and Purple Heart. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the RVNCM and by showing that he was...

  • 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 | 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...