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Decision Text

ARMY | BCMR | CY2003 | 2003083851C070212
Original file (2003083851C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 April 2003
         DOCKET NUMBER: AR2003083851


         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
Ms. Terry L. Placek Member
Mr. Robert Duecaster 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 and that his Air Medal (AM) be added to his report of separation (DD Form 214).

3. The applicant states, in effect, that he should have been awarded the Purple Heart and that his AM is missing from his DD Form 214.

4. The applicant’s military records show that he was initially inducted on 11 January 1962 and served until he was honorably released from active duty on 9 December 1963. He enlisted in the Regular Army on 15 January 1968 and served until he was honorably discharged on 19 November 1968, upon graduation from officer candidate school, to accept a United States Army Reserve (USAR) commission as a second lieutenant (2LT). He was commissioned as an infantry 2LT on 20 November 1968 with a concurrent call to active duty. He subsequently applied for and was accepted for rotary wing flight training, which he completed in March 1970.

5. On 12 May 1970, he was transferred to Vietnam for duty as a rotary wing aviator with the 229th Aviation Battalion. He was promoted to the rank of captain on 23 November 1970 and departed Vietnam on 1 June 1971.

6. He continued to serve until he was honorably released from active duty (REFRAD) on 4 September 1973, due to a reduction in force. He had served 11 years, 7 months and 24 days of total active service and his DD Form 214 shows he was awarded the National Defense Service Medal, the Good Conduct Medal, the Army Aviator Badge, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Distinguished Flying Cross, the Bronze Star Medal and the Army Commendation Medal.

7. A review of his records shows that he was also awarded the AM on 7 October 1970. However, there is no evidence that he was ever wounded, that he received treatment for any wounds or injuries or that he was entitled to be awarded a Purple Heart. Additionally, his name does not appear on the Vietnam Casualty Listing.

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 subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/palm) Unit Citation and the Valorous Unit Award (VUA) for service during the period the applicant served in Vietnam with the unit.

CONCLUSIONS:

1. The evidence of record clearly shows that the applicant was awarded the AM in Vietnam and that an administrative error resulted in the AM being omitted from his DD Form 214 at the time of his REFRAD.

2. Additionally, his unit was subsequently awarded the RVNGC w/Palm Unit Citation and the VUA. Accordingly, he is entitled to be awarded those awards at this time.

3. However, the Board finds no evidence to suggest that he was wounded or injured in Vietnam or that he is entitled to be awarded the Purple Heart.

4. In view of the foregoing, the applicant’s records should be corrected 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 the AM and by awarding him the RVNGC w/Palm Unit Citation and VUA.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

___tlp___ __rvo ___ __rld____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor, Jr.__
                  CHAIRPERSON




INDEX

CASE ID AR2003083851
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/04/24
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 189 110.0000/CORR 214
2. 61 107.0015/PH
3. 64 107.0018/AM
4. 79 107.0033/VUA
5. 140 107.0094/RVNGC
6.


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