PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 June 2002
DOCKET NUMBER: AR2002068980
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. W. E. Schnupp
Analyst
The following members, a quorum, were present:
Ms. Celia L. Adolphi
Chairperson
Ms. Barbara J. Ellis
Member
Mr. Donald P. Hupman
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 for wounds received in Vietnam in 1968.
3. The applicant states that he was given the Purple Heart for the loss of his right leg but it is not recorded on his DD Form 214, Report of Transfer or Discharge.
4. The applicants military records show that he enlisted on 14 September 1966, was awarded the military occupational specialty (MOS) 36K2P, Field Wireman, and served in Vietnam with Headquarters and Headquarters Company, 2nd Battalion, 327th Infantry, 101st Airborne Division from 4 September 1967 to 5 February 1968. His conduct and efficiency ratings during this assignment are recorded as unknown. He was retired for permanent disability on 1 August 1968 in the grade of private first class.
5. Awards reflected on his DD Form 214, include the National Defense Service Medal, the Vietnam Service Medal, the Parachute Badge and the Marksman Badge with rifle bar. The Purple Heart is not show as an authorized award, nor is it shown that he participated in any battles or campaigns.
6. The applicants DA Form 20, Enlisted Qualification Record, shows in item 40, wounds, that on 12 January 1968, he suffered fragmentation wounds to the right side and right hip that resulted in surgical amputation of the right leg below the knee. A Western Union Telegram to his wife from the Department of the Army confirmed his injury was a result of hostile action. The DA Form 20 also shows that during his active military service both his primary and duty MOSs were 36K2P.
7. 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.
8. The same regulation provides, in pertinent part, that the Republic of Vietnam Campaign Medal with device 1960 was awarded to individuals who served in Vietnam for 6 months during the period 1 March 1961 to 28 March 1973,
inclusive. The 6 months period could be waived in cases in which the soldier was wounded by hostile forces.
9. The same regulation provides for award of the Vietnam Service Medal to all members of the Armed Forces of the United States who serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973. One bronze service star is authorized for each campaign occurring while the individual is under orders in the combat zone. In the applicants case, he is entitled to campaign credit for the Republic of Vietnam Counteroffensive, Phase III and the TET Counteroffensive.
10. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.
CONCLUSIONS:
1. The evidence available shows that the applicant met the requirements for award of the Purple Heart as a result of his wounds on 12 January 1968, and it would be appropriate to amend his DD Form 214 to reflect this award.
2. Furthermore, in consideration of the fact that his Vietnam tour was abbreviated because of wounds from hostile action, he is entitled to the Republic of Vietnam Campaign Medal with device 1960. Also, considering his period of service in Vietnam, he is entitled to two bronze service stars on his already awarded Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.
3. In view of the foregoing, the applicants records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart for wounds received on 12 January 1968, the Republic of Vietnam Campaign Medal
with device 1960, two bronze service stars on the Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.
BOARD VOTE:
____cla _ ____bje _ ____dph_ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__________Celia L. Adolphi____________
CHAIRPERSON
INDEX
CASE ID
AR2002068980
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20020613
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. 107.00
2.
3.
4.
5.
6.
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