| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Patrick H. McGann | Member | |
| Mr. Melvin H. Meyer | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Purple Heart.
2. The applicant states that he ran over a planted bomb during his service in Vietnam.
3. The applicant has submitted no evidence in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of the awards listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 25 July 1968. The application submitted in this case is dated 15 April 2003.
2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant’s military records show that he was inducted on 4 July 1966 and completed training as an armor intelligence specialist in military occupational specialty 11D20. He served in Vietnam in three campaigns from 6 December 1967 to 27 July 1968 as a member of E Troop, 1st Cavalry.
4. Entries on the applicant’s DD Form 214 do not show award of the Purple Heart. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists the following awards: the National Defense Service Medal, the Vietnam Service Medal and the Combat Infantryman Badge.
5. There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart. There is also no evidence in his records that he was wounded or treated for wounds as a result of hostile action. His DA
Form 20 does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations). The Vietnam Casualty Roster does not show the applicant’s name.
6. A review of the applicant’s records reveals eligibility for award of the Republic of Vietnam Campaign Medal with 1960 Device, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar and Pistol Bar. These awards and badges are not shown on the applicant’s
DD Form 214.
7. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. Records show that the applicant’s conduct and efficiency were rated as “excellent” throughout his service, that he was promoted on time, and that there is no indication of indiscipline in his records.
8. Army Regulation 600-8-22 (Military Awards) 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 the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
9. Army Regulation 600-8-22 also provides that the 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. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.
10. Army Regulation 600-8-22 further provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. 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 Vietnam Campaign Medal.
11. Army Regulation 600-8-22 also provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965
through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. One bronze service star is authorized for each campaign attached to or assigned with an organization participating in or directly supporting military operations.
12. Army Regulation 600-8-22 further provides, in pertinent part, requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.
13. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment with the E Troop of the 1st Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Order Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:
| CASE ID | AR2003090043 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031202 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | Grant Partial |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | 107.15 |
| 3. | 107.56 |
| 4. | 107.94 |
| 5. | 107.109 |
| 6. | 107.110 |
ARMY | BCMR | CY2003 | 2003085522C070212
There are no orders for the Purple Heart in the FSM’s service personnel records. Evidence of record also shows the FSM was wounded in action on 16 November 1968 in Vietnam. That all of the Department of the Army records related to this case be amended to show that the FSM was posthumously awarded the Purple Heart with First Oak Leaf Cluster, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam...
ARMY | BCMR | CY2011 | 20110021302
Counsel requests correction of the applicant's DD Form 214 to show the Purple Heart and that the applicant be also issued the Purple Heart Medal. There are no orders in his Official Military Personnel File that show he was awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds sustained as a result of hostile actions on 21 June 1970; b. deleting the Vietnam...
ARMY | BCMR | CY2008 | 20080014175
Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received in action on 29 July 1970, in...
ARMY | BCMR | CY2002 | 2002072537C070403
The applicant returned to the United States in December 1970 and was assigned to Fort Bragg, North Carolina. Nor does it show that he was awarded the Air Medal, any qualification badges, or the bronze service stars to his Vietnam Service Medal. 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 Air Medal, the Expert Qualification Badge with rifle bar, the Marksman...
ARMY | BCMR | CY2015 | 20150000284
The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States for qualifying service in Republic of Vietnam during the period 1 March 1961 through 28 March 1973. The preponderance of evidence shows he was awarded the Purple Heart for wounds received in action on 14 October 1965 in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2009 | 20090009415
Therefore, it would be appropriate to correct his records to show these badges. The applicant's record shows that he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received as a result of hostile action, on 23 April 1969, while serving in the Republic of Vietnam; b. awarding the applicant the Good Conduct Medal (first award)...
ARMY | BCMR | CY2013 | 20130014834
His military records also do not contain orders awarding him the Purple Heart. Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. 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 the period 3 April 1967 through 5...
ARMY | BCMR | CY2009 | 20090012870
General Orders Number 164, Headquarters 82nd Airborne Division, dated 20 June 1968, show the applicant was awarded the Good Conduct Medal for the period of service from 21 June 1965 20 June 1968. Evidence of record shows the applicant was wounded in action on 6 July 1967, while serving in the RVN. As a result, the Board recommends that all Department of the Army records of the individual be corrected by: a. deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal;...
ARMY | BCMR | CY2009 | 20090010523
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart for wounds received while serving in the Republic of Vietnam. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2003 | 2003086704C070212
Exhibit A - Application for correction of military records: He requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to show that his Army Commendation Medal is with a “V” device. His records contain a copy of Headquarters, 1 st Brigade, 101 st Airborne Division, General Orders 342, dated 7 August 1967 awarding him the Army Commendation Medal with “V” device for heroism on 20 April 1966.