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Decision Text

ARMY | BCMR | CY2001 | 2001055302C070420
Original file (2001055302C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 07 AUGUST 2001
         DOCKET NUMBER: AR2001055302


         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. Gale J. Thomas Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Thomas B. Redfern III Member
Ms. Regan K. Smith 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) be corrected to show in item 21 (Home of Record at Time of Entry into Active Service) 9726 Domer Road instead of 9726 Domex Road, and that item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) be corrected by adding the award of the Purple Heart.

3. The applicant states that his home of record street address is incorrect, that his address was Domer Road and not Domex Road, and that he was entitled to award of the Purple Heart for wounds he received in action on 12 August 1969.

4. The applicant’s military records show that he was inducted into the Army of the United States on 30 January 1968, and that his address at the time of induction was 9726 Domer Road, Santee, California.

5. The applicant's DA Form 2-1 (Enlisted Qualification Record) item 40 (Wounds) confirms he sustained wounds as a result of hostile action on
12 August 1969. The applicant was discharged on 6 November 1969, and his DD Form 214 does not reflect award of the Purple Heart.

6. On 26 June 1970, a letter from an official of the Department of the Army to the applicant's Congressman noted that the applicant was entitled to the Purple Heart for wounds he had received in action on 12 August 1969 while serving in Vietnam. Included as enclosures to this letter was an official statement and certificate confirming the applicant's award of the Purple Heart. The award was presented to the applicant in 1970.

CONCLUSIONS:

1. At the time of his induction the applicant's home address was 9726 Domer Road and not Domex Road as reflected in item 21 of his DD Form 214, and as such should be corrected to indicate the correct address.

2. The applicant was wounded by hostile action while serving on active duty in the Republic of Vietnam, and was thereby entitled to award of the Purple Heart. The applicant's DD Form 214, item 24 should reflect this award.

3. 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 changing the applicant's DD Form 214, item 21 (Home of Record at Time of Entry into Active Service) to read 9726 Domer Road, instead of Domex Road, and

         b. by adding to the applicant's DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the award of the Purple Heart.

BOARD VOTE:

__MKP__ __TBR __ __RKS__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Margaret K. Patterson
                  CHAIRPERSON




INDEX

CASE ID AR2001055302
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010807
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 110.00
2. 107.00
3.
4.
5.
6.


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