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Decision Text

ARMY | BCMR | CY2003 | 2003085249C070212
Original file (2003085249C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 03 JUNE 2003
         DOCKET NUMBER: AR2003085249


         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. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Ms. Jennifer L. Prater Member
Mr. Paul M. Smith 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 record be corrected to show award of the Purple Heart.

3. The applicant states that he received the Purple Heart on 23 February 1969.

4. The applicant’s military records show that he enlisted in the Army for 3 years on 26 April 1968, completed basic combat training, and was assigned to Fort Lee, Virginia for advanced training. While at Fort Lee he qualified as an expert with the M-16 rifle. He completed his training, and in December 1968 was assigned to the 548th Light Maintenance Company in Vietnam. He participated in four campaigns during his tour in Vietnam, and the 548th was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross Unit Citation with Palm during the applicant's assignment to that unit. He completed his tour and was assigned to Fort Carson, Colorado. He was released from active duty in the rank of Specialist Five on 23 April 1971.

5. The applicant's DD Form 214 (Report of Transfer), which he signed, does not show award of the Purple Heart. His DA Form 20 (Enlisted Qualification Record) does not show that award, nor does it show that he was wounded in action. His record contains no order showing award of the Purple Heart.

6. The Vietnam Casualty Roster maintained by this agency does not show that the applicant was wounded in action.

7. Army Regulation 600-8-22 provides 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.

8. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

CONCLUSIONS:

1. There is no evidence, and the applicant has not provided any, to show that he was wounded in action in Vietnam. There is insufficient evidence to grant his request for award of the Purple Heart.

2. The applicant served his country faithfully and honorably. He is entitled to award of the Army Good Conduct Medal.

3. The applicant is entitled to award of the Expert Marksmanship Qualification Badge with rifle bar.

4. The applicant participated in four campaigns during his tour in Vietnam and is entitled to award of the Vietnam Service Medal with four bronze service stars (one for each campaign). He is also entitled to award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

5. 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 Army Good Conduct Medal, the Expert Marksmanship Qualification Badge with rifle bar, the Vietnam Service Medal with four bronze service stars, the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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

BOARD VOTE:

__JHL___ __JLP __ __PMS__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Joann H. Langston_____
                  CHAIRPERSON




INDEX

CASE ID AR2003085249
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030603
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. 107.00
2.
3.
4.
5.
6.


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