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Decision Text

ARMY | BCMR | CY2002 | 2002083341C070215
Original file (2002083341C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 May 2003
         DOCKET NUMBER: AR2002083341


         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. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. 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 that he be awarded the Purple Heart.

3. The applicant states, in effect, that he was injured in Vietnam and was discharged before he could be awarded the Purple Heart. In support of his application he submits a copy of a clinical record cover sheet (DA Form 8-275-3).

4. The applicant’s military records, though somewhat incomplete, show that he was inducted in Omaha, Nebraska, on 17 May 1967. He completed his training and was transferred to Vietnam in October 1967. He was assigned to C Company, 4th Battalion, 23rd Infantry Regiment for duty as a light weapons infantryman.

5. He departed Vietnam in October 1968 and was transferred to Fort Campbell, Kentucky, where he remained until he was honorably discharged on 16 May 1969, due to the expiration of his term of service (ETS). He had served 2 years of total active service and was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal with two bronze service stars, the Army Commendation Medal, and the Combat Infantryman Badge.

6. The DA Form 8-275-3 provided by the applicant with his application shows that the applicant was treated at the 12th Evacuation Hospital on 9 January 1968 for multiple foreign bodies in his right eye that were the result of an explosion that occurred when the armored personnel carrier he was riding struck a mine. The treating physician recommended that he be awarded the Purple Heart. Additionally, the applicant is listed as a casualty on the Vietnam Casualty Listing.

7. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was a result of hostile enemy action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

8. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation and the Valorous Unit Award (VUA) for the period he was assigned.



CONCLUSIONS:

1. The applicant has provided sufficient evidence to show that he is entitled to an award of the Purple Heart for wounds/injuries received in Vietnam on 9 January 1968. Accordingly, it would be in the interest of justice to award him the Purple Heart at this time.

2. Additionally, the applicant's unit was subsequently awarded the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and the VUA. Therefore he is also entitled to be awarded those awards at this time.

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

RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by awarding him the Purple Heart for wounds/injuries received in action in Vietnam on 9 January 1968, while serving in the rank of private first class, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and the VUA.

BOARD VOTE:

___sk___ __gw____ __rvo ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O’Connor, Jr.__
                  CHAIRPERSON




INDEX

CASE ID AR2002083341
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/05/22
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 61 107.0015/PH
2. 79 107.0033/VUA
3. 140 107.0094/RVNGC
4. 141 107.0095/RVNCAHM
5.
6.


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