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Decision Text

ARMY | BCMR | CY2002 | 2002082712C070215
Original file (2002082712C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 June 2003
         DOCKET NUMBER: AR2002082712


         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
Ms. Joyce A. Hall Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. William D. Powers Member
Ms. Lana E. McGlynn 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, in effect, that while serving in Vietnam he was wounded by shrapnel. His injury resulted from hostile action. He was treated at an aid station during the Tet Offensive.

4. The applicant’s military records show that he initially enlisted in the Army on
29 June 1940. His service was continuous through reenlistments until his retirement on 31 July 1970.

5. His official personnel records show that he served in Vietnam from
7 November 1967 through 6 February 1969. He was assigned to Company B, 9th Aviation Battalion, 9th Infantry Division.

6. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 July 1970 shows as authorized awards the National Defense Service Medal with one oak leaf cluster, the Vietnam Service Medal, the Vietnam Campaign Medal with Device "60," the Bronze Star Medal with one oak leaf cluster, the Army Commendation Medal with two oak leaf clusters, and the Good Conduct Medal (Fifth Award). It does not show the Purple Heart as an authorized award.

7. Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record), which he reviewed on 10 June 1970, does not show that he was wounded as a result of hostile action.

8. Item 41 (Awards and Decorations) on the applicant's DA Form 20 does not show the Purple Heart as an authorized award.

9. There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart.

10. The applicant's service medical records are not available.

11. The applicant’s DD Form 214 for the period ending 31 July 1970 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in five campaigns during his assignment in Vietnam which are not correctly shown by award of the silver service star for wear on his Vietnam Service Medal.

12. The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 9th Aviation Battalion, 9th Infantry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 January 1968, by Department of the Army General Order (DAGO) Number 31, dated 1969.
13. The Department of the Army Pamphlet 672-3 also shows that the 9th Aviation Battalion, 9th Infantry Division was awarded the Meritorious Unit Commendation for the period 13 February 1967 through 31 January 1969, by DAGO Number 36, dated 1970.

14. The Department of the Army Pamphlet 672-3 also shows that the 9th Aviation Battalion, 9th Infantry Division was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 16 December 1966 through 28 June 1969, by DAGO Number 59, dated 1969.

15. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart 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 must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

16. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. Army Regulation 600-8-22 provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

CONCLUSIONS:

1. There is no evidence of record, nor has the applicant provided any evidence, which shows that he was wounded or treated for a wound as a result of hostile action. Therefore, without official substantiating evidence the applicant is not
entitled to award of the Purple Heart. However, if the applicant can provide
substantiating evidence that shows he was wounded/treated as a result of hostile action he may reapply.

2. The evidence of record shows that the applicant served in Vietnam during five campaigns entitling him to wear a silver service star with the Vietnam Service Medal.

3. The evidence of record shows that the applicant was assigned to a unit during a period of time the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. His DD Form 214 should be amended to show these unit awards.

4. In view of the foregoing, the applicant’s records should be corrected but only as recommended below.


RECOMMENDATION
:

1. That all of the Department of the Army records related to this case be corrected by amending the applicant's DD Form 214 for the period ending
31 July 1970 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Service Medal with one silver service star.

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

BOARD VOTE:

___js__ ___wp___ __lm__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___John N. Slone____
                  CHAIRPERSON




INDEX

CASE ID AR2002082712
SUFFIX
RECON
DATE BOARDED 20030619
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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