Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002080889C070215
Original file (2002080889C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 March 2003
         DOCKET NUMBER: AR2002080889


         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. William Blakely Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Mr. Ted S. Kanamine Member
Ms. Shirley L. Powell 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, in effect, that his military records be corrected to show that he earned the Purple Heart (PH), and to add all other awards and decorations to which he is entitled.

3. The applicant states, in effect, that he was awarded the PH and it was not included in his separation document (DD Form 214). He requests that his
DD Form 214 be corrected by adding the PH, and any other awards to which he is entitled based on his service. In support of his application, he submits a copy of his DD Form 214.

4. The applicant’s military records show that he entered the Army on
31 May 1966, and that he was trained and served in military occupational specialty (MOS) 11C (Indirect Fire Crewman). On 12 June 1969, he was honorably released from active duty (REFRAD), in the rank of specialist four (SP4), by reason of expiration of term of service (ETS).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) from 13 December 1967 to 13 April 1968. It also shows that while serving in the RVN, he was assigned to Company E, 1st Battalion (Airborne), 502nd Infantry Regiment. Item 40 (Wounds) is blank and contains no entry that indicates that he was ever wounded or injured in action. His Military Personnel Records Jacket (MPRJ) also contains no orders or other documents that verify that he was ever wounded or injured in action, or that he was recommended for or awarded the PH.

6. The applicant’s name does not appear on the official Department of the Army (DA) Vietnam Casualty Roster. Further, the applicant’s Report of Medical Examination (SF Form 88), dated 16 April 1969, which documents his separation physical examination, is also void of any entry or indication that he ever sustained or was treated for a combat related wound or injury.

7. Army Regulation 600-8-22 (Military Awards) prescribes the policy and procedures for the Army’s awards program. It states, in pertinent part, that the PH 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 required medical treatment; and that this medical treatment was made a matter of official record.


8. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. Table B-1 lists all campaigns, service requirements, and inscriptions for streamers. It confirms that during the applicant’s assignment tenure in the RVN, he was credited with campaign participation in the following three campaigns: Vietnam Counteroffensive Phase III; Tet Counteroffensive; and Vietnam Counteroffensive Phase IV.

9. Paragraph 9-19 of the awards regulation contains guidance on awarding the Vietnam Campaign Medal (VCM). It states, in pertinent part, that this award is authorized to members who served in the RVN for 6 months.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This document confirms that during his assignment tenure in the RVN, his unit received the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.

CONCLUSIONS
:

1. The Board notes the applicant’s contention that he is entitled to receive the PH for wounds he received in action while serving in the RVN. However, it finds insufficient evidence to support this claim. By regulation, the PH is authorized for personnel who are wounded or injured as a result of hostile action. In order to support awarding the PH, there must be evidence to show that the wound or injury for which the award was being made was treated by military medical personnel, and this treatment must have been made a matter of official record.

2. The evidence of record gives no indication that the applicant ever sustained or was treated for a wound he received in the RVN as a result of enemy action or otherwise, or that he was ever recommended for or awarded the PH. Further, both the DA Vietnam Casualty Roster and the SF 88 documenting his separation physical examination make no reference to his ever being wounded or injured in action while serving in the RVN.

3. During its review of this case, the Board did discover that the applicant is entitled to three bronze service stars for his Vietnam Service Medal based on his campaign participation. In addition, he is entitled to the following awards earned by his unit during his assignment tenure: Valorous Unit Award; Republic of Vietnam Campaign Medal with 60 Device; RVN Gallantry Cross with Palm Unit Citation; and RVN Civil Actions Honor Medal First Class Unit Citation. Therefore, the Board concludes that it would be appropriate to add these awards to his record at this time.
4. 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 is entitled to 3 bronze service stars with his Vietnam Service Medal; that he is earned the Republic of Vietnam Campaign Medal with 60 Device, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by providing him a corrected separation document that includes these changes.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__SAC__ __TSK _ __ SLP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _ Samuel A. Crumpler ._
                  CHAIRPERSON




INDEX

CASE ID AR2002080889
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/03/11
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION Partial Relief
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.



Similar Decisions

  • ARMY | BCMR | CY2003 | 2003084526C070212

    Original file (2003084526C070212.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. It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. During its review of this case, the Board discovered that the applicant is entitled to awards that were not included in either his record or his separation document.

  • ARMY | BCMR | CY2003 | 2003084368C070212

    Original file (2003084368C070212.rtf) Auto-classification: Approved

    The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents showing that he was ever wounded or injured in action, or that he was ever recommended for the PH. In order to support an award of the PH, the wound or injury for which it is being awarded must have been incurred as a result of enemy action. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the first award of the Army Good...

  • ARMY | BCMR | CY2002 | 2002081751C070215

    Original file (2002081751C070215.rtf) Auto-classification: Approved

    The Board notes the applicant’s claim of entitlement to the PH, CIB, and Republic of Vietnam Campaign Medal. Therefore, the Board finds no basis for awarding him the CIB at this time. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 1 June 1965 through 31 May 1968; by showing that his RVN service entitles him to the Vietnam...

  • ARMY | BCMR | CY2003 | 2003084917C070212

    Original file (2003084917C070212.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 states, in effect, that he was never awarded the PH for the wounds he received while serving in the Republic of Vietnam (RVN). His Military Personnel Records Jacket (MPRJ) also contains no orders or other documents showing that he was ever wounded or injured in action, or that he was recommended...

  • ARMY | BCMR | CY2004 | 20040008145C070208

    Original file (20040008145C070208.doc) Auto-classification: Denied

    Item 41 (Awards and Decorations) does not include the PH is the list of earned awards. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating while serving in the RVN. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show the FSM’s entitlement to the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation...

  • ARMY | BCMR | CY2002 | 2002077859C070215

    Original file (2002077859C070215.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 separation document (DD Form 214) issued to and authenticated by the applicant with his signature on the date of his separation, 13 April 1970, lists the following awards he earned during his tenure on active duty in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons...

  • ARMY | BCMR | CY2003 | 2003087100C070212

    Original file (2003087100C070212.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’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents showing that he was ever wounded or injured in action, or that he was ever recommended for the PH. The evidence of record provides no confirmation that the applicant was ever wounded in action or that he was ever...

  • ARMY | BCMR | CY2004 | 20040002171C070208

    Original file (20040002171C070208.doc) Auto-classification: Approved

    Antonio Uribe | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Combat Infantryman Badge and Army Good Conduct Medal; by adding the Air Medal he earned to his record; by...

  • ARMY | BCMR | CY2003 | 2003089268C070403

    Original file (2003089268C070403.rtf) Auto-classification: Denied

    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 is requesting that the error of failing to award him the PH he earned during his tenure on active duty, which ended on 26 September 1968, be corrected. The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents that show he was ever wounded or injured in...

  • ARMY | BCMR | CY2004 | 20040004980C070208

    Original file (20040004980C070208.doc) Auto-classification: Denied

    Diane J. Armstrong | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that his separation document (DD Form 214) does not reflect that he received the PH for being wounded while serving in the Republic of Vietnam (RVN). The applicant’s Military Personnel Records Jacket (MPRJ) contains no indication the applicant received a wound/injury as a direct result of, or that was caused by enemy action...