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Decision Text

ARMY | BCMR | CY2002 | 2002080720C070215
Original file (2002080720C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 24 JUNE 2003
         DOCKET NUMBER: AR2002080720


         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. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Ronald E. Blakely Member
Mr. Frank C. Jones II 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 his records be corrected to show award of the Purple Heart, the Combat Infantryman Badge, and the Bronze Star Medal with "V" device.

3. The applicant states that he earned the awards while in combat in Vietnam. He was wounded in action.

4. The applicant’s military records show that he was inducted into the Army on 17 January 1968, underwent training as an infantryman at Fort Lewis, Washington, where he qualified as a sharpshooter with both the rifle and the machine gun, and as a marksman with the automatic rifle. In June 1968 he was assigned to the1st Battalion, 506th Infantry in Vietnam as a rifleman. A few days later he was transferred to the 1st Battalion, 327th Infantry. The 1st of the 506th was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross Unit Citation with Palm for its actions during the applicant's assignment to that unit. The 1st of the 327th was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its actions during his assignment to that unit.

5. On 31 July 1998 the applicant sustained multiple fragmentation wounds to his left elbow and both legs from a booby trap. He was treated at the 22nd Surgical Hospital and was awarded the Purple Heart by the hospital commander. The applicant was evacuated to the 106th General Hospital, and then to the Army hospital at Fort Ord, California. In March 1969 the applicant returned to duty as a rifleman with the 10th Infantry Division at Fort Carson, Colorado. He was released from active duty in the rank of specialist four on 16 January 1970. The applicant's DD Form 2I4 shows award of the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars and the Vietnam Campaign Medal with 60 device. It does not show award of the Purple Heart, the Combat Infantryman Badge, or the Bronze Star Medal with "V" device.

6. The applicant's records fail to show award of the Bronze Star Medal with "V" device, or a recommendation for that award.

7. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The primary requirement for award of this, or any decoration, is that a formal recommendation must be prepared and administratively entered into official military channels by someone having witnessed or with knowledge of the act, achievement, or service to be honored.

8. The above mentioned regulation also provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

9. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

CONCLUSIONS:

1. There is no evidence and applicant has not submitted any, to show that he was awarded or recommended for award of the Bronze Star Medal with "V" device. There is insufficient evidence to grant his request.

2. The applicant was wounded in action. Orders were published awarding him the Purple Heart. His DD Form 214 should reflect this award.

3. The applicant was an infantryman serving with an infantry company in combat. He is entitled to award of the Combat Infantryman Badge.

4. The applicant served his country faithfully and honorably. He is entitled to award of the Army Good Conduct Medal.

5. He is entitled to award of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6. The applicant's DD Form 214 should show award of the Sharpshooter Marksmanship Qualification Badge with rifle and machine gun bars and the Marksman Marksmanship Qualification Badge with automatic rifle bar.

7. 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 by showing that the individual concerned was awarded the Purple Heart, the Combat Infantryman Badge, the Army Good Conduct Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Sharpshooter Marksmanship Qualification Badge with rifle and machine gun bars, and the Marksman Marksmanship Qualification Badge with automatic rifle bar.
2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__MKP__ __REB __ __FCJ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Margaret K. Patterson___
                  CHAIRPERSON




INDEX

CASE ID AR2002080720
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030624
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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