RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 2 JUNE 2005
DOCKET NUMBER: AR20040007045
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. Kenneth H. Aucock | |Analyst |
The following members, a quorum, were present:
| |Mr. Fred Eichorn | |Chairperson |
| |Mr. Thomas O'Shaughnessy | |Member |
| |Ms. Marla Troup | |Member |
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 that his records be corrected to show award of
the Purple Heart.
2. The applicant states that the award of the Purple Heart is not shown on
his DD Form 214 (Report of Transfer or Discharge).
3. The applicant provides a copy of a Purple Heart certificate and a copy
of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 26 September 1969. The application submitted in this
case is dated 1 September 2004.
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 limitations 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 was inducted into the Army on 28 September 1967, trained
as an artilleryman, and in March 1968 was assigned to Battery B, 3d
Battalion, 6th Artillery, in Vietnam. His medical records show that
he was treated for chills and fever on more than a few occasions, and a
medical report prepared after this return from Vietnam shows that he was
diagnosed with malaria.
4. A casualty report shows that the applicant was wounded in action on
31 October 1968 when his track hit a hostile mine. The applicant
sustained hepatic lacerations, and a mesenteric tear with ruptured
intestines. His parents were notified of his injuries on 1 November 1968.
5. On 1 November 1968 the 71st Evacuation Hospital published orders
awarding the applicant the Purple Heart for the wounds that he received in
action on 31 October 1968.
6. On 9 November 1968 orders were published assigning him to the
106th General Hospital in Japan. On 18 November 1968 he was medically
evacuated to the Army hospital at Fort Gordon, Georgia.
7. In January 1969 he was assigned to Fort Benning, Georgia, and was
released from active duty at Fort Benning in the grade of E-4 on 26
September 1969. His DD Form 214 does not show award of the Purple Heart.
8. The applicant’s DA Form 20 (Enlisted Qualification Record) shows that
his conduct and efficiency were excellent in all his Army assignments.
There is no derogatory information contained in his Official Military
Personnel File.
9. The applicant participated in four campaigns during his tour of duty in
Vietnam and the 3d Battalion, 6th Artillery was awarded the Republic of
Vietnam Gallantry Cross Unit Citation with Palm for its actions while the
applicant was assigned to that organization.
10. The Army 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. This period is 3 years except in
those cases when the period for the first award ends with the termination
of a period of Federal military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant was wounded in action and awarded the Purple Heart. His
record should reflect that award.
2. The applicant participated in four campaigns during his tour of duty in
Vietnam. His record should show award of the Vietnam Service Medal with
four bronze service stars (one for each campaign).
3. The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm.
4. The applicant served his country faithfully and honorably. He is
entitled to award of the Army Good Conduct Medal.
BOARD VOTE:
___FE __ ___TO __ ___MT__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL 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 award of the Purple Heart, the
Vietnam Service Medal with four bronze service stars, the Republic of
Vietnam Gallantry Cross Unit Citation with Palm, and the Army Good Conduct
Medal.
______ Fred Eichorn______
CHAIRPERSON
INDEX
|CASE ID |AR20040007045 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050602 |
|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. |107.0015 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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