Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003088181C070403
Original file (2003088181C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        
\par
         BOARD DATE: 9 October 2003
         DOCKET NUMBER: AR2003088181


         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
Mr. Robert J. Osborn Member
Ms. Eloise C. Prendergast 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 report of separation (DD Form 214) be corrected to show that he was awarded the Purple Heart.

3. The applicant states that he was wounded in the head on 1 July 1966 and was awarded the Purple Heart. However, it was not included on his DD Form 214 at the time of separation. He goes on to state that he desires his family to know that he served honorably and that he received decorations for his service.

4. The applicant’s military records show that he was inducted at Fort Jackson, South Carolina, on 8 September 1964. He completed his basic combat training at Fort Gordon, Georgia, his advanced individual training at Fort Leonard Wood, and his airborne training at Fort Benning, Georgia. Upon graduation from his airborne training, he was awarded the parachutist badge and was assigned to Company A, 8th Engineer Battalion, 1st Cavalry Division at Fort Benning.

5. He was advanced to the pay grade of E-3 on 1 July 1965 and on 16 August 1965, he was transferred with his unit to Vietnam, for duty as a pioneer and combat demolition specialist. He was advanced to the pay grade of E-4 on 28 May 1966 and on 8 July 1966, orders were published awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 1 July 1966. His records do not indicate the nature of the wound, however, the original orders are present in his records.

6. He departed Vietnam on 30 July 1966 and was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) as an overseas returnee. He had served 1 year, 10 months and 23 days 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) and the Sharpshooter Marksmanship Bade with M-14 Rifle Bar.

7. A review of his DA Form 20 (Enlisted Qualification Record) shows that he was awarded the Republic of Vietnam Campaign Medal and the Parachutist Badge. However they were omitted from his DD Form 214 at the time of separation, as was his Purple Heart. His records also show that he had excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information.

8. Army Regulation 600-8-22 also prescribes Army policy, criteria, and administrative instructions concerning award of the Army Good Conduct Medal (AGCM). 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 AGCM.

9. 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 also authorized awards of the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Presidential Unit Citation (PUC), and the Meritorious Unit Commendation (MUC) during the period he was assigned to the unit. It also shows that his unit participated in three campaigns during his tour in Vietnam, which constitutes authority to award the applicant three bronze service stars for wear on his already awarded VSM.

CONCLUSIONS:

1. The applicant's records clearly show that he was awarded the Purple Heart, the Parachutist Badge and the Republic of Vietnam Campaign Medal; however, for reasons that are not explained in the available records, they were omitted from his DD Form 214 at the time of separation. Accordingly, the Board finds that it would be in the interest of justice to add those awards to his DD Form 214 at this time.

2. Additionally, the evidence of record also shows that he should have been awarded the RVNGC w/Palm Unit Citation, the PUC, the MUC and three bronze service stars (campaign participation) for wear on his already awarded VSM. Accordingly, it would be in the interest of justice to do so at this time.

3. The Board also notes that the applicant had no lost time and that he did not receive an AGCM at the time he was separated from the service. Consequently, the Board finds that it was likely the result of an administrative error, as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served. Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time for the period of 8 September 1964 through 31 July 1966.

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:

a. by showing that the individual concerned was awarded the Purple Heart, the Parachutist Badge and the Republic of Vietnam Campaign Medal.

b. by awarding him the RVNGC w/Palm Unit Citation, the PUC, the MUC, and three bronze service stars for wear on his already awarded VSM; and

c. by awarding him the AGCM for the period of 8 September 1964 through 31 July 1966.

BOARD VOTE:

__rjo ___ __ecp ___ ___rvo__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O’Connor, Jr._
                  CHAIRPERSON




INDEX

CASE ID AR2003088181
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/10/09
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0015 61/PH
2. 107.0031 77/PUC
3. 107.0034 80/MUC
4. 107.0056 102/GCM
5. 107.0094 141/RVNGC
6. 107.0120 166/PRCHT BAD


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002077114C070215

    Original file (2002077114C070215.rtf) Auto-classification: Approved

    The Soldier’s Medal is awarded to any person of the Armed Forces of the United States or of a friendly foreign nation who, while serving in any capacity with the Army of the United states, distinguished himself or herself by heroism not involving actual conflict with the enemy. The evidence of record fails to show that the applicant was wounded/injured as a result of enemy action. Additionally, there is no evidence that the applicant was recommended for an award of the Soldier’s Medal...

  • ARMY | BCMR | CY2005 | 20050003459C070206

    Original file (20050003459C070206.doc) Auto-classification: Approved

    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 applicant has failed to show through evidence submitted with his application or the evidence of record, sufficient evidence to establish his entitlement to the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2003 | 2003091562C070212

    Original file (2003091562C070212.doc) Auto-classification: Approved

    The Board considered the following evidence: Exhibit A - Application for correction of military records. However, his record does show that he earned the PH, for being wounded in action while serving in the RVN and that he received the Parachutist Badge based on his completion of the Airborne Course. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal, for his qualifying period of...

  • ARMY | BCMR | CY2002 | 2002066812C070402

    Original file (2002066812C070402.rtf) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal (RVNCM). Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the RVNCM. After carefully examining the applicant’s record of service, the Board has determined that the applicant...

  • ARMY | BCMR | CY2014 | 20140020960

    Original file (20140020960.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 15 June 1964 to 14 June 1967 and to correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for his qualifying...

  • ARMY | BCMR | CY2009 | 20090015172

    Original file (20090015172.txt) Auto-classification: Approved

    His records also show that he participated in a combat parachute jump against an armed hostile force on 22 February 1967 and that his unit was awarded assault landing credit. Additionally, he participated in a parachute assault landing and five campaigns while in Vietnam and is entitled to wear one silver service star on his already awarded VSM to denote his campaign participation and an arrowhead device to denote assault landing credit as well as a bronze service star for wear on his...

  • ARMY | BCMR | CY2009 | 20090020485

    Original file (20090020485.txt) Auto-classification: Approved

    The applicant requests that his deceased father be awarded two Silver Stars and two additional awards of the Bronze Star Medal; however, there are no orders or other evidence in his Official Military Personnel File authorizing these awards. Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that during his service with the Heavy Mortar Company of the 180th Infantry Regiment in Korea, this unit was awarded the Distinguished Unit...

  • ARMY | BCMR | CY2009 | 20090003934

    Original file (20090003934.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards), as amended, provides that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined. The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the...

  • ARMY | BCMR | CY2005 | 20050017811C070206

    Original file (20050017811C070206.doc) Auto-classification: Approved

    William F. Crain | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his 12 July 1970 Separation Document (DD Form 214) be corrected by adding the Republic of Vietnam Campaign Medal (RVNCM) with 1960 Device, Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation,...

  • ARMY | BCMR | CY2010 | 20100010699

    Original file (20100010699.txt) Auto-classification: Approved

    The applicant states he is entitled to the following awards which are not included on his DD Form 214 or DA Form 20 (Enlisted Qualification Record) for the service indicated: a. the Meritorious Unit Commendation (MUC), Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal (RVNCAHM) First Class Unit Citation, and the Presidential Unit Citation (PUC), which are unit awards earned during his service in Vietnam with the 5th Special...