Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003088873C070403
Original file (2003088873C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 September 2003
         DOCKET NUMBER: AR2003088873

         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. William Blakely Analyst

The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Regan K. Smith Member
Mr. Linda D. Simmons 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, in effect, that he be awarded the Purple Heart (PH) and Service Bars.

3. The applicant states, in effect, that he is entitled to the PH based on an injury he received from an incoming mortar round while serving in the Republic of Vietnam (RVN), and his separation document (DD Form 214) does not include this award. He also claims that he is entitled to receive Service Bars for the time he served. In support of his application, he submits a copy of his DD Form 214.

4. The applicant’s military records show that that he was inducted into the Army and entered active duty on 20 April 1967. He was trained and served in military occupational specialty (MOS) 52B (Power Plant Operator), and he was honorably released from active duty (REFRAD) on 18 April 1969.

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that the applicant served in the RVN from 6 November 1967 to 4 November 1968. Item 40 (Wounds) is blank and contains no entry that indicates that he was ever wounded or injured in action. His Military Personnel Records Jacket (MPRJ) contains no orders or other documents showing that he was ever wounded or injured in action, or that he was recommended for or awarded the PH.

6. The DD Form 214, issued to and signed by the applicant on the date of his separation from the Army shows that he earned the following awards during his tenure on active duty: Army Commendation Medal; Good Conduct Medal; National Defense Service Medal; Vietnam Service Medal; RVN Campaign Medal with 60 Device; and Sharpshooter Marksmanship Qualification Badge with
Rifle Bar.

7. During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster in order to determine if the applicant was reported as a combat casualty during his service in the RVN. The applicant’s name does not appear on this official DA list of RVN casualties.

8. Army Regulation 600-8-22 (Military Awards) prescribes the policy and procedures for the Army’s awards program. It states, in pertinent part, that the PH 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 required medical treatment, and that this medical treatment was made a matter of official record.

9. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN.
10. Table B-1 of the awards regulation lists all campaigns and it confirms that the applicant should receive credit for the following four campaigns based on
his tenure of assignment in the RVN: Vietnam Counteroffensive Phase III;
TET Counteroffensive 1968; Vietnam Counteroffensive Phase IV; and
Vietnam Counteroffensive Phase V.

11. Service Stripes and Overseas Bars are not official awards and are not governed by the awards regulation. Guidance on wear of these accouterments with the Army uniform is contained in chapter 28, Army Regulation 670-1. It states, in pertinent part, that one service stripe is authorized for wear for each three year period of honorable active duty service, and one overseas bar is authorized for wear for each six month period of service in the RVN.

12. Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units from 8 February 1962 to 28 March 1973.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he is entitled to receive the PH for wounds he received in action while serving in the RVN. However, it finds insufficient evidence to support this claim. By regulation, the PH is authorized for personnel who are wounded or injured as a result of hostile action. In order to support awarding the PH, there must be evidence to show that the wound or injury for which the award was being made was treated by military medical personnel, and this treatment must have been made a matter of official record.

2. The evidence of record is void of any indication that the applicant ever sustained or was treated for a wound he received in action while serving in the RVN, or that he was ever recommended for or awarded the PH. Further, his name is not listed in the official DA Vietnam Casualty Roster.

3. The applicant is advised that Service Stripes and Overseas Bars are authorized accouterments for wear on the Army uniform, and are not authorized Army awards. While the applicant was authorized to wear two Overseas Bars on his uniform based on his RVN service, these accouterments would not be added to the list of authorized awards contained on his separation document. Thus, there is no error or injustice related to the omission of these items from his
DD Form 214.


4. During its review of this case, the Board did find that the applicant is entitled to awards that are not listed in his record or on his DD Form 214. Based on his RVN service and campaign participation, the applicant is entitled to 4 bronze service stars with his Vietnam Service Medal and to the RVN Gallantry Cross with Palm Unit Citation. Therefore, the Board finds that it would be appropriate to add these awards to his record at this time.

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 the individual concerned is entitled to 4 bronze service stars with his Vietnam Service Medal and to the RVN Gallantry Cross with Palm Unit Citation; and by providing him a corrected separation document that includes these awards.

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

BOARD VOTE:

_JS__ __LDS___ __RKS__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  JOHN N. SLONE
                  CHAIRPERSON





INDEX

CASE ID AR2003088873
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
DISCHARGE AUTHORITY AR .
DISCHARGE REASON
BOARD DECISION Partial Relief
REVIEW AUTHORITY
ISSUES 1. 61 107.0015
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2003 | 2003088930C070403

    Original file (2003088930C070403.rtf) Auto-classification: Approved

    The applicant states, in effect, that he is entitled to the PH for an injury he received while serving on active duty in the Republic of Vietnam (RVN). His Military Personnel Records Jacket (MPRJ) contains no orders or other documents showing that he was ever wounded or injured in action, or that he was ever recommended for or awarded the PH. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is entitled to 1 silver...

  • ARMY | BCMR | CY2010 | 20100021214

    Original file (20100021214.txt) Auto-classification: Approved

    The record does not include any medical treatment records that indicate he was ever treated for a combat-related wound or injury while serving in the RVN. Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the VSM and states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2004 | 20040008145C070208

    Original file (20040008145C070208.doc) Auto-classification: Denied

    Item 41 (Awards and Decorations) does not include the PH is the list of earned awards. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating while serving in the RVN. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show the FSM’s entitlement to the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation...

  • ARMY | BCMR | CY2004 | 20040002135C070208

    Original file (20040002135C070208.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 March 2005 DOCKET NUMBER: AR20040002135 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. Paragraph 2-13 of the awards regulation contains guidance on award of the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member...

  • ARMY | BCMR | CY2006 | 20060012736

    Original file (20060012736.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 March 2007 DOCKET NUMBER: AR20060012736 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. x The Board considered the following evidence: Exhibit A - Application for correction of military records. His Military Personnel Records Jacket (MPRJ) is void of any orders or other documents that indicate he was ever...

  • ARMY | BCMR | CY2003 | 2003084526C070212

    Original file (2003084526C070212.rtf) Auto-classification: Approved

    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. It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. During its review of this case, the Board discovered that the applicant is entitled to awards that were not included in either his record or his separation document.

  • ARMY | BCMR | CY2005 | 20050004895C070206

    Original file (20050004895C070206.doc) Auto-classification: Denied

    The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents that indicate he was ever wounded in action, or awarded the PH. However, by regulation, in order to award the PH it is necessary to establish that a Soldier was wounded as a result of enemy action, that the wound required treatment by military medical personnel and that the medical treatment was made a matter of official record. Therefore, the Board requests that the CMSD-St. Louis...

  • ARMY | BCMR | CY2004 | 20040009917C070208

    Original file (20040009917C070208.doc) Auto-classification: Denied

    LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, award of the Purple Heart and correction of his separation document (DD Form 214) to show the Soldier’s Medal. The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

  • ARMY | BCMR | CY2003 | 2003089268C070403

    Original file (2003089268C070403.rtf) Auto-classification: Denied

    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. The applicant is requesting that the error of failing to award him the PH he earned during his tenure on active duty, which ended on 26 September 1968, be corrected. The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents that show he was ever wounded or injured in...

  • ARMY | BCMR | CY2007 | 20070017907

    Original file (20070017907.TXT) Auto-classification: Denied

    The applicant states, in effect, that he was wounded in action in the Republic of Vietnam (RVN) during an enemy probe of the unit he was assigned to. The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 10 May 1966 through 22 July 1967. However, by regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by military...