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Decision Text

ARMY | BCMR | CY2003 | 2003086032C070212
Original file (2003086032C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 31 July 2003
         DOCKET NUMBER: AR2003086032


         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
Ms. Joyce A. Hall Analyst


The following members, a quorum, were present:

Ms. Gail J. Wire Chairperson
Ms. Karen A. Heinz 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 April 1972 be corrected to reflect the award of the Purple Heart.

3. The applicant states, in effect, that he was awarded the Purple Heart while serving in Vietnam. However, the award does not appear on his DD Form
214 for the period ending 27 April 1972 as an authorized award. In support of his application the applicant submits a copy of his Purple Heart orders and a copy of his Purple Heart certificate.

4. After having had prior service in the Army National Guard and the Regular Army. He reenlisted in the Regular Army on 12 August 1970. He completed the required training and was awarded military occupational specialty 11D40 (Reconnaissance Specialist). He completed 10 years, 4 months, and 15 days of creditable active service and he had 144 days of lost time.

5. There is evidence in the applicant's service personnel records that show he deployed to the Dominican Republic as a member of the 82nd Airborne Division in 1965.

6. His DD Form 214 for the period ending 30 August 1968 shows as authorized awards the National Defense Service Medal, the Good Conduct Medal
(1st Award), the Combat Infantryman Badge (1st Award), the Parachute Badge, the Expert Badge with Rifle Bar (M-14), and the Sharpshooter Badge with Rifle Bar (M-16).

7. The Board noted that the applicant's DD Form 214 for the period ending
30 August 1968 does not reflect the award of the Armed Forces Expeditionary Medal. The applicant's service in the Dominican Republic entitles him to this award.

8. The applicant's official personnel service record shows that he served in Vietnam from 9 January 1971 through 12 August 1971 and served during two campaigns. He was assigned to Troop F, 2nd Squadron, 11th Armored Cavalry Regiment as an assistant squad leader.

9. General Orders Number 932, dated 29 June 1971, from Headquarters, 3rd Brigade, 1st Cavalry Division awarded the applicant the Purple Heart for wounds received as a result of hostile action on 25 May 1971.

10. Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record), shows "Shrapnel Wounds in Right Hand 25 May 1971."



11. The applicant separated on 27 April 1972. His DD Form 214 for the period ending 27 April 1972 shows as authorized awards the Vietnam Service Medal, the Vietnam Campaign Medal, and the Combat Infantryman Badge.

12. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for 30 days, be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met. The designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22. The Armed Forces Expeditionary Medal was authorized for service in the Dominican Republic from 28 April 1965 to 21 September 1966.

13. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

14. The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 2nd Squadron, 11th Armored Cavalry Regiment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 November 1970 through 18 December 1971, by Department of the Army General Order Number 8, dated 1974.

CONCLUSIONS:

1. General Order Number 932, dated 29 June 1971, filed in the applicant's service record shows that the applicant was awarded the Purple Heart for wounds received as a result of hostile action on 25 May 1971. Therefore, the applicant is entitled to correction of his DD Form 214 to reflect this award.

2. The evidence of record shows that the applicant was entitled to award of the Armed Forces Expeditionary Medal for his tenure in the Dominican Republic. Therefore, the applicant is entitled to correction of his DD Form 214 for the period ending 30 August 1968, to reflect that award.

3. The evidence of record shows that the applicant served in Vietnam during two campaigns entitling him to wear two bronze service stars with the Vietnam Service Medal.
4. The evidence of record shows that the applicant was assigned to a unit during a period of time the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The applicant is entitled to correction of his records to reflect this award.

5. 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. awarding the applicant the Armed Forces Expeditionary Medal for the period ending 30 August 1968.

         b. amending the applicant's DD Form 214 for the period ending 30 August 1968 to reflect the award of the Armed Forces Expeditionary Medal.

         c. amending the applicant's DD Form 214 for the period ending 27 April
1972 to show the Purple Heart, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

_GJW___ __KAH__ __RD___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Ms. Gail J. Wire______
                  CHAIRPERSON




INDEX

CASE ID AR2003086032
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/07/31
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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