Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002082734C070215
Original file (2002082734C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 May 2003
         DOCKET NUMBER: AR2002082734


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor Chairperson
Mr. Stanley Kelley Member
Ms. Gail J. Wire 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 he is entitled to the Purple Heart for wounds received in combat in Vietnam. He contends that he spent three months in a hospital at Camp Zama, Japan, for a bullet wound. In support of his application, he submits a letter, dated 14 October 2002, from the Disabled American Veterans; and two newspaper articles which indicate that he had been wounded in Vietnam.

4. The Disabled American Veterans, as counsel for the applicant, was notified of the applicant's pending review by the Board; however, no brief was submitted.

5. The applicant’s military records show that he was inducted on 14 July 1965. He served as a wheel vehicle repairman in Vietnam from 29 January 1966 through 29 June 1967 and was released from active duty on 30 June 1967. He enlisted on 10 August 1967 and remained on active duty until he retired on
31 May 1986 in the rank of staff sergeant.

6. The applicant's DA Form 2-1 (Personnel Qualification Record) shows that he served a second tour in Vietnam from 9 September 1967 through 8 September 1968 and a third tour in Vietnam from 6 April 1969 through 31 March 1970.

7. The applicant's DD Form 214 (Report of Transfer or Discharge) with effective date of 30 June 1967, which covers his first tour in Vietnam, does not show the Purple Heart as an authorized award.

8. The applicant's DD Form 214 (Report of Transfer or Discharge) with an effective date of 12 May 1970, which covers his second and third tours in Vietnam, does not show the Purple Heart as an authorized award.

9. The applicant's retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the Purple Heart as an authorized award.

10. There is no evidence in the applicant's service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

11. The applicant's DA Form 2-1 does not show entitlement to the Purple Heart.

12. The applicant's name does not appear on the Vietnam Casualty Roster.

13. Evidence of record shows that on 29 June 1967 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action. He also underwent a separation physical examination on 8 May 1986 which makes no mention of any wounds sustained as a result of hostile action.

14. In support of his claim for award of the Purple Heart, the applicant provided two newspaper articles which indicate that he was wounded in Vietnam.

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned during his second tour in Vietnam, was cited for award of the Meritorious Unit Commendation for actions during the period 1 January 1967 to 31 December 1967 by Department of the Army General Orders Number 28, dated 1969. The applicant’s unit was also cited for the Meritorious Unit Commendation for actions during the period 1 June 1969 to 31 May 1970 by Department of the Army General Orders Number 48, dated 1971. These awards are not shown on his DD Form 214 with an effective date of 12 May 1970.

16. Army Regulation 600-8-22 (Military Awards) 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, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1. The Board noted the applicant's contention that he sustained a bullet wound in combat in Vietnam.

2. There is no evidence in the applicant's service personnel records which shows that he was wounded or injured as a result of hostile action in Vietnam.

3. The Board reviewed the two newspaper articles provided by the applicant in support of his claim for award of the Purple Heart. However, in the absence of orders or other evidence of record showing the applicant was wounded or treated for wounds as a result of hostile action, the Board determined that these articles are not sufficient as a basis for award of the Purple Heart.

4. Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

5. The applicant's units received two awards of the Meritorious Unit Commendation during his second tour in Vietnam. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 12 May 1970 and his retirement DD Form 214 with an effective date of 31 May 1986 to show these unit awards.
6. 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 that the individual concerned was awarded two awards of the Meritorious Unit Commendation on his DD Form 214 with an effective date of 12 May 1970 and his DD Form 214 with an effective date of 31 May 1986.

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

BOARD VOTE:

RVO___ SK______ GJW____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O'Connor__
                  CHAIRPERSON




INDEX

CASE ID AR2002082734
SUFFIX
RECON
DATE BOARDED 20030522
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0015
2. 107.0034
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2010 | 20100020224

    Original file (20100020224.txt) Auto-classification: Approved

    The applicant's military records show he was inducted into the Army of the United States on 18 March 1969. Therefore, there is sufficient evidence to show he is entitled to award of the Purple Heart and correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 in question to show the Purple Heart, Air Medal (3d Award) with "V" device, Republic of...

  • ARMY | BCMR | CY2010 | 20100013073

    Original file (20100013073.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Purple Heart * Combat Action Badge * Red bar or red ribbon [properly known as the Meritorious Unit Commendation] with oak leaf cluster * Presidential Unit Citation 2. His records show he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2012 | 20120013671

    Original file (20120013671.txt) Auto-classification: Approved

    Therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart for wounds received on 13 July 1967. Therefore, his records should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds sustained while serving in the Republic of Vietnam on 12 September 1969; b. deleting the Vietnam Service Medal from his DD Form 214; c....

  • ARMY | BCMR | CY2012 | 20120022494

    Original file (20120022494.txt) Auto-classification: Denied

    Nothing in several typical sources show he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: * his records do not contain general orders authorizing him award of the Purple Heart * his name is not shown on the Vietnam casualty listing * review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973,...

  • ARMY | BCMR | CY2003 | 2003084681C070212

    Original file (2003084681C070212.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is insufficient evidence to grant his request for award of the Purple Heart. NOTE : The Army Review Boards Agency in St. Louis is requested to correct the applicant's records to show award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Valorous Unit Award, two...

  • ARMY | BCMR | CY2003 | 2003090174C070212

    Original file (2003090174C070212.rtf) Auto-classification: Approved

    The applicant states, in effect, that he was attacked while on duty in Vietnam and was cut with a machete. The applicant’s military records show that he was inducted into the Army of the United States on 13 December 1954. The applicant's DD Form 214, with an effective date of 31 December 1974, shows entitlement to the Vietnam Service Medal; however, it does not show the number of service stars to which the applicant is entitled for campaign participation.

  • ARMY | BCMR | CY2013 | 20130013421

    Original file (20130013421.txt) Auto-classification: Denied

    His medical record is not available for review. In his statement, Mr. Cxxxxx states the following: As a combat medic of Company D 4th Division 1st of the 12th from 1967-1968 in the Republic of Vietnam, I remember Sergeant Hxxx Lxxxxxxx being wounded going up Hill 875. The applicant contends he should be awarded the Purple Heart; however, neither his available record nor the Vietnam casualty roster provide any evidence that shows he was wounded during his period of service in the Republic...

  • ARMY | BCMR | CY2009 | 20090009556

    Original file (20090009556.txt) Auto-classification: Approved

    This document shows that, at the time of the applicant's assignment to the 7th Battalion, 8th Artillery, it was cited for award of the Meritorious Unit Commendation for actions during the period 1 July 1967 to 1 May 1968 by Department of the Army General Orders (DAGO) Number 17, dated 1969. Department of the Army Pamphlet 672-3 shows that at the time of the applicant's assignment to the 2nd Battalion, 32nd Artillery, it was cited for the following unit awards: a. Meritorious Unit...

  • ARMY | BCMR | CY2010 | 20100019105

    Original file (20100019105.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Military Awards), in effect at the time, states the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The evidence of record shows he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity...

  • ARMY | BCMR | CY2008 | 20080018391

    Original file (20080018391.txt) Auto-classification: Approved

    He was recommended by his company commander for award of the Purple Heart but never received the certificate, medal, or added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. As a result, the Board recommends that all...