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ARMY | BCMR | CY2003 | 2003083551C070212
Original file (2003083551C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 May 2003
         DOCKET NUMBER: AR2003083551


         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Ted S. Kanamine Member
Mr. Lawrence Foster 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 his Purple Heart (PH) be added to his separation document.

3. The applicant states that his clinical record proves that he was wounded in action and awarded the PH.

4. In support of his request he submits a DA Form 8-275-3, Clinical Record Cover Sheet, which shows that he was wounded by a fragment to his right leg while performing a helicopter rescue in Vietnam in February 1966. On that form it is also stated that, “Purple Heart awarded by patient’s commanding officer.”

5. The applicant’s military records show that he enlisted in the Regular Army on 26 June 1965. He was awarded the military occupational specialty of fire fighter and was promoted to pay grade E-4. He served in Vietnam as a helicopter crew chief in an aviation company from 18 June 1965 to 17 June 1966.

6. He was honorably released from active duty on 25 January 1968 at the expiration of his term of service. His separation document shows that he was awarded the Vietnam Service Medal, the National Defense Service Medal, the Aircraft Crewman Badge, the Air Medal with 15 oak leaf clusters, and marksmanship badges.

7. A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC). Searches of these files show that the applicant was wounded as a result of hostile action on 5 February 1966.

8. Army Regulation 600-8-22 provides that the PH is awarded for wounds 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.

9. This regulation also provides that the Republic of Vietnam Campaign Medal with Device 1960, a foreign award, was awarded to individuals who served in Vietnam for at least 6 months during the period 1 March 1961 to 28 March 1973, inclusive.





10. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

11. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant's unit was awarded the Meritorious Unit Citation for a period which included the dates the applicant was assigned to that unit. That publication also shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal. Those periods are: The Vietnam Defense Campaign (8 March 1965 through 24 December 1965), and the Vietnam Counteroffensive (25 December 1965 through 30 June 1966).

CONCLUSIONS:

1. The clinical record of treatment for the applicant’s wound, along with the entry on the SGO Files that the applicant was wounded in action, is more than sufficient evidence to verify that he was, in fact, awarded the PH. As such, it would be appropriate to add that award to his separation document.

2. In addition, the applicant is entitled to two bronze service stars to be worn on his already awarded Vietnam Service Medal, he is entitled to the Republic of Vietnam Campaign Medal with Device 1960, he is entitled to the Meritorious Unit Citation, and he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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:

         a. adding the already awarded PH to the separation document of the individual concerned;

         b. awarding to him two bronze service stars to be worn on his already awarded Vietnam Service Medal;




         c. awarding to him the Republic of Vietnam Campaign Medal with Device 1960;

         d. awarding to him the Republic of Vietnam Gallantry Cross Unit Citation with Palm;

         e. awarding to him the Meritorious Unit Citation; and

         f. adding these new awards to his separation document.

BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Margaret K. Patterson_______
                  CHAIRPERSON




INDEX

CASE ID AR2003083551
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030513
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


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