RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 03 AUGUST 2004
DOCKET NUMBER: AR2004101522
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. John Meixell | |Member |
| |Ms. Gail Wire | |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 that his DD Form 214 (Report of Transfer or
Discharge) be corrected to show award of the Purple Heart.
2. The applicant provides a copy of a certificate issued by the Commander
of the 91st Evacuation Hospital on 12 November 1970 showing that he was
awarded the Purple Heart for wounds received in action on 11 November 1970.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 21 April 1971. The application submitted in this case is
dated 18 November 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 enlisted in the Army for two years on 31 December 1969,
trained as an infantryman, and in July 1970 was assigned to Company B,
1st Battalion, 6th Infantry, in Vietnam, where he was awarded the Combat
Infantryman Badge. A casualty report shows that he was seriously wounded
on 11 November 1970 by a penetrating missile wound to his head. He was
evacuated to Japan and on 1 December 1970 he was reassigned to the Naval
Hospital at Great Lakes, Illinois. The 1st Battalion, 6th Infantry was
awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm for
its actions while he was assigned to that unit.
4. The applicant was permanently retired for physical disability on 21
April 1971 with a 60 percent disability rating. His DD Form 214 does not
show award of the Purple Heart.
5. Army Regulation 600-8-22 provides 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, and the medical treatment must have been made a
matter of official record.
6. 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. His DD Form 214 should show award
of the Purple Heart.
2. The applicant served his country faithfully and honorably. He is
entitled to award of the Army Good Conduct Medal.
3. The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm.
BOARD VOTE:
___FE __ ___JM __ ___GW__ 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 award of the Purple Heart, the
Army Good Conduct Medal, and the Republic of Vietnam Gallantry Cross Unit
Citation with Palm.
_____Fred Eichorn_____
CHAIRPERSON
INDEX
|CASE ID |AR2004101522 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040803 |
|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. | |
-----------------------
[pic]
ARMY | BCMR | CY2004 | 20040007392C070208
The applicant requests that his records be corrected to reflect two awards of the Purple Heart and a Bronze Star Medal. There is no medical evidence which confirms that the applicant was wounded as a result of hostile action during either of his tours of duty in Vietnam. Unfortunately, there is no medical evidence which confirms that the applicant was wounded as a result of hostile action during either of his tours of duty in Vietnam.
ARMY | BCMR | CY2004 | 040007045C070208
The applicant requests that his records be corrected to show award of the Purple Heart. 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. 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...
ARMY | BCMR | CY2002 | 2002077449C070215
His DD Form 214 (Report of Transfer or Discharge) shows award of the National Defense Service Medal and the Vietnam Service Medal. His record should be corrected to show award of the Vietnam Service Medal with one bronze service star. 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, the Army Good Conduct Medal, the Vietnam Service Medal with one bronze service star, the Presidential Unit...
ARMY | BCMR | CY2013 | 20130015156
The applicant states he was wounded in action in Vietnam on 2 October 1969. This pamphlet shows the 6th Battalion, 29th Artillery Regiment, was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1966 to 31 October 1969 in Department of the Army General Orders (DAGO) Number 3, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 17 November 1970 in DAGO Number 52, dated 1971 *...
ARMY | BCMR | CY2002 | 2002071832C070403
Also present are orders awarding him the Army Good Conduct Medal for the period 19 January 1966 through 24 January 1967 and General Order 2461, issued by the 25 th Infantry Division on 2 April 1968, awarding the applicant the Bronze Star Medal with "V" Device. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides, in pertinent part, that the 2 nd Battalion, 27 th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit...
ARMY | BCMR | CY2006 | 20060016260C071108
The applicant requests a 2nd award of the Purple Heart, a 2nd award of the Army Commendation Medal (ARCOM) with “V” Device, and any other awards he may be authorized. The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the Republic of Vietnam (RVN) from 10 February 1968 through 10 April 1969, and that during his RVN tour he was assigned to the 6th Battalion, 29th Field Artillery Regiment, 4th Infantry Division performing duties in MOS 13A, Cannoneer. Item 24...
ARMY | BCMR | CY2002 | 2002078161C070215
The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show award of the Purple Heart, does not credit him with participation in three campaigns during his tour in Vietnam, and does not reflect award of the Army Commendation Medal with “V” device (third oak leaf cluster). He is entitled to award of the Army Good Conduct Medal for the period 27 November 1967 through 17 November 1970. That all of the Department of the Army records related to this case be corrected by showing...
ARMY | BCMR | CY2008 | 20080010484
Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award. 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 31 January 1968, in the Republic of Vietnam; b. awarding the applicant...
ARMY | BCMR | CY2005 | 20050005794C070206
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not list the award of the Purple Heart. Therefore, based on the evidence provided, he is entitled to the award of the Purple Heart for wounds sustained on 10 November 1967. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the following: a. by awarding him the Purple Heart...
ARMY | BCMR | CY2005 | 20050006445C070206
The applicant underwent an ETS examination on the date he was separated from the military, 25 December 1970. There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.