RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 APRIL 2004
DOCKET NUMBER: AR2003097665
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. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. Roger W. Able | |Chairperson |
| |Mr. Robert J. Osborn II | |Member |
| |Ms. Yolanda Maldonado | |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).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests confirmation of his entitlement to two Purple
Hearts.
2. The applicant states, in effect, that he was wounded twice while in
Vietnam but only one award is reflected on his separation document.
3. The applicant provides a copy of his Purple Heart award certificate,
indicating the award was a first oak leaf cluster.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an error which occurred on
31 October 1981. The application submitted in this case is dated 5
September 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. Records available to the Board indicate that the applicant entered
active duty in 1961 and served continuously until his retirement for length
of service in 1981.
4. The applicant’s records confirm that he was awarded his initial award
of the Purple Heart for wounds sustained on 7 April 1966. Orders issued by
Headquarters, United States Army Vietnam on 27 April 1966 confirmed the
award.
5. The applicant was wounded a second time on 4 May 1966. His award of
the second Purple Heart was confirmed in orders issued by the 12th Combat
Aviation Group on 21 October 1968. However, the applicant’s 1981
separation document reflects entitlement to only one Purple Heart. An
earlier separation document, issued in 1969 when the applicant was
discharged for the purpose of accepting a commissioned also reflected
entitlement to only one Purple Heart.
DISCUSSION AND CONCLUSIONS:
The evidence confirms that the applicant was awarded two Purple Hearts as a
result of wounds sustained in Vietnam. His records should be corrected
accordingly.
BOARD VOTE:
__RWA__ __RJO __ ___YM __ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing he was awarded two awards of
the Purple Heart.
___ _Roger W. Able______
CHAIRPERSON
INDEX
|CASE ID |AR2003097665 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040413 |
|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. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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