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Decision Text

ARMY | BCMR | CY2002 | 2002081695C070215
Original file (2002081695C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 June 2003
         DOCKET NUMBER: AR2002081695


         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. Hubert S. Shaw, Jr. Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Hubert O. Fry Member
Ms. Marla J. Troup 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 put in for a Purple Heart," but never received it before he left Vietnam in August 1969. The applicant provided no documentation in support of his claim for award of the Purple Heart.

4. The applicant’s military records show that he was inducted on 3 October 1967 and completed training as a construction machine operator. He served in Vietnam in engineer units from 4 September 1968 to 21 August 1969. The applicant was honorably separated from active duty on 24 August 1969.

5. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations). The applicant's name is not listed on the Vietnam Casualty Roster.

6. A staff member of the Army Review Boards Agency conducted a review of unit records maintained at the National Archives in College Park, Maryland. Review of these records did not reveal any General Orders authorizing the applicant an award of the Purple Heart.

7. The Board noted that the units in which the applicant served in Vietnam were cited for unit awards; however, the applicant's DD Form 214 does not show entitlement to any unit awards.

8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and citations received by units serving in the Vietnam War. This document shows that while the applicant was assigned to the 27th Engineer Battalion, it was cited for award of the Meritorious Unit Commendation for actions during the period 1 July 1968 to 28 February 1969 by Department of the Army General Order Number 51, dated 1971.

9. Department of the Army Pamphlet 672-3 shows that while the applicant was assigned to the 60th Engineer Company, it was cited for award of the Valorous Unit Award for actions during the period 7 March 1969 to 7 April 1969 by Department of the Army General Order Number 39, dated 1970.

10. Department of the Army Pamphlet 672-3 shows the applicant is entitled to award of the Republic of Vietnam Cross of Gallantry with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974.

11. Department of the Army Pamphlet 672-3 also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Order Number 43, dated 1970.

CONCLUSIONS:

1. There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action. Therefore, there is insufficient evidence upon which to base award of the Purple Heart in this case.

2. General Orders show that the applicant was awarded the Meritorious Unit Commendation, the Valorous Unit Award, the Republic of Vietnam Cross of Gallantry with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class. Therefore, he is entitled to correction of his records to show these unit awards.

3. 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 the individual concerned was awarded the Meritorious Unit Commendation, the Valorous Unit Award, the Republic of Vietnam Cross of Gallantry with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class.

2. That so much of the application as pertains to award of the Purple Heart is denied.

BOARD VOTE:

__FNE___ __HOF__ __MJT__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Mr. Fred N. Eichorn__
                  CHAIRPERSON



INDEX

CASE ID AR20020081695
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030617
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY MR SCHNEIDER
ISSUES 1. 107.0000.0000
2.
3.
4.
5.
6.


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