Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003084961C070212
Original file (2003084961C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 July 2003
         DOCKET NUMBER: AR2003084961


         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. Roger W. Able Chairperson
Mr. Larry C. Bergquist Member
Ms. Barbara J. Ellis 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 wounded in Vietnam and was not awarded the Purple Heart.

4. The applicant’s military records show that he was inducted at Fort Jackson, South Carolina, on 22 May 1968. He successfully completed his training and was transferred to Vietnam on 18 October 1968. He was assigned to Company D, 1st Battalion, 52d Infantry Regiment for duty as a rifleman. He was advanced to the pay grade of E-3 on 20 October 1968 and to the pay grade of E-4 on 10 February 1969.

5. On 19 February 1969, a casualty message was dispatched from Vietnam to the Department of the Army Casualty Section reporting that the applicant had been slightly wounded by fragment wounds to the chest, right arm and face on 19 February 1969, while on a combat search and clear mission, when a hostile force was engaged. He was treated and hospitalized, and was classified as not seriously wounded. A Western Union telefax was dispatched to the applicant's parents in Lynchburg, South Carolina, from The Adjutant General of the Army.

6. The applicant departed Vietnam on 13 October 1969 and was transferred to Fort Carson, Colorado, where he remained until he was honorably released from active duty (REFRAD) due to the expiration of his term of service on 21 May 1970. He had served 2 years of total active service and was awarded the Bronze Star Medal, the Combat Infantryman Badge, the National Defense Service Medal, the Republic of Vietnam Campaign Medal with "60" Device and the Vietnam Service Medal with two bronze service stars. His records show that he had excellent conduct and efficiency ratings throughout his service and contain no derogatory information. His records also show no indication that he was ever awarded the Purple Heart.

7. 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 a result of hostile 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 Regulation 672-5-1, in effect at the time, also established the criteria for award of the Army Good Conduct Medal (GCMDL). It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL. The regulation outlines the criteria for award of the Good Conduct Medal (GCMDL) and provides, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each soldier who distinguishes him or herself from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout their service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. Separation transfer points will review records of enlisted personnel being separated to determine whether they qualify for award of the GCMDL. Where possible, a reasonable effort will be made to contact the unit commander prior to awarding the medal to qualified members.

9. Department of the 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 subsequent to the applicant’s departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Meritorious Unit Commendation (MUC) for the period he served with the unit.

CONCLUSIONS:

1. The evidence of record clearly shows that the applicant was wounded in Vietnam on 19 February 1969, while serving in the pay grade of E-4, and that he was hospitalized as a result of that wound. Accordingly, it would be in the interest of justice to correct his records at this time by awarding him the Purple Heart.

2. Although awarded subsequent to his discharge, his records also show that he was entitled to awards of the RVNGC w/Palm Unit Citation and the MUC. Therefore he should be awarded them at this time.

3. The Board also notes that the applicant had excellent conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the GCMDL. Therefore, it must be presumed that the failure to award him the GCMDL was the result of an administrative error. Accordingly, it would be in the interest of justice to award him the GCMDL for the period of 22 May 1968 to 21 May 1970.

4. 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 the individual concerned the Purple Heart for wounds received on 19 February 1969, while serving in the pay grade of E-4, by awarding him the GCMDL for the period of 22 May 1968 through 21 May 1970, the RVNGC w/Palm Unit Citation and the MUC.

BOARD VOTE:

__be____ ___lb ___ __ra ____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Roger W. Able_______
                  CHAIRPERSON




INDEX

CASE ID AR2003084961
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/07/10
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 61 107.0015/PH
2. 80 107.0034/MUC
3. 102 107.0056/GCMDL
4. 140 107.0094/RVNGC
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002076776C070215

    Original file (2002076776C070215.rtf) Auto-classification: Approved

    He had served 2 years of total active service and was awarded the Vietnam Service Medal (VSM) with four bronze service stars, the Republic of Vietnam Campaign Medal, the National Defense Service Medal, and the Army Commendation Medal. The applicant has failed to show through the evidence submitted with his application or the evidence of record that he was wounded/injured in action against the enemy and that the treatment he received was made a matter of record. Accordingly, the Board has...

  • ARMY | BCMR | CY2002 | 2002071964C070403

    Original file (2002071964C070403.rtf) Auto-classification: Approved

    The Board considered the following evidence: He had served 2 years of total active service and his report of separation (DD Form 214) shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Campaign Medal. The Board finds that there is insufficient evidence in the available records to show that the applicant was wounded or injured in Vietnam during an action by enemy forces or that he was treated...

  • ARMY | BCMR | CY2005 | 20050010414C070206

    Original file (20050010414C070206.doc) Auto-classification: Approved

    The evidence of record clearly confirms the applicant’s contention that he was awarded the Purple Heart for wounds received in action in Vietnam on 16 May 1968. This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the GCMDL, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award. As a result, the Board recommends that all Department of the...

  • ARMY | BCMR | CY2002 | 2002081269C070215

    Original file (2002081269C070215.rtf) Auto-classification: Approved

    He had served 2 years of total active service and his DD Form 214, issued at the time of his REFRAD, indicates that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM) with three bronze service stars, the Republic of Vietnam Campaign Medal and the Combat Infantryman Badge. Although the Board did not have the benefit of reviewing all of the applicant's medical records, the applicant's separation physical clearly shows that the applicant was wounded and treated...

  • ARMY | BCMR | CY2005 | 20050001563C070206

    Original file (20050001563C070206.TXT) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 OCTOBER 2005 DOCKET NUMBER: AR20050001563 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. He departed Vietnam on 19 August 1969 and was transferred to Fort Campbell, where he remained until 17 November 1969, when he was transferred to Fort Hood, Texas. His records also show that he received “Excellent”...

  • ARMY | BCMR | CY2005 | 20050001563C070206

    Original file (20050001563C070206.doc) Auto-classification: Approved

    The applicant states that he was wounded on 13 March 1969 and was awarded the Purple Heart for that wound. He departed Vietnam on 19 August 1969 and was transferred to Fort Campbell, where he remained until 17 November 1969, when he was transferred to Fort Hood, Texas. His records also show that he received “Excellent” conduct and efficiency ratings throughout his service and there is no derogatory information contained in those records that would serve to disqualify him for award of the...

  • ARMY | BCMR | CY2002 | 2002073599C070403

    Original file (2002073599C070403.rtf) Auto-classification: Approved

    He was initially assigned to the A Battery, 6 th Battalion, 29 th Artillery , 4 th Infantry Division as a cannoneer. Although the applicable regulation provides that the CIB is only awarded to personnel who possess an infantry military occupational specialty who are assigned to an infantry unit that engages in ground combat against an enemy; there were exceptions made through a published supplement which clearly indicates that radio operators who served as advisors in infantry or infantry...

  • ARMY | BCMR | CY2001 | 2001060831C070421

    Original file (2001060831C070421.rtf) Auto-classification: Approved

    Given his record of exemplary service, the Board finds that it would be in the interest of justice to award him the GCMDL for the period of 22 November 1965 to 21 November 1968. In view of the foregoing, the applicant’s records should be corrected as recommended below. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the GCMDL for the period of 22 November 1965 to 21 November 1968, the RVNGC w/Palm Unit Citation and the PUC.

  • ARMY | BCMR | CY2002 | 2002073160C070403

    Original file (2002073160C070403.rtf) Auto-classification: Approved

    He had served 2 years of total active service and was awarded the Combat Infantryman Badge, the Parachutist Badge, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, and the National Defense Service Medal. The evidence of record clearly shows that the Purple Heart was awarded to the applicant for his injuries in Vietnam on 9 January 1967. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual...

  • ARMY | BCMR | CY2001 | 2001065933C070421

    Original file (2001065933C070421.rtf) Auto-classification: Approved

    Where possible, a reasonable effort will be made to contact the unit commander prior to awarding the medal to qualified members. Accordingly, his records should be corrected to reflect his service in Vietnam and his overseas service from 4 March 1968, until he was evacuated to WBGH on 29 September 1968. Accordingly, the Board finds that it would be in the interest of justice to award him the GCMDL for his service during the period of 21 September 1967 through 20 June 1969.