RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 09 AUGUST 2005
DOCKET NUMBER: AR20040009868
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:
| |Ms. Barbara Ellis | |Chairperson |
| |Mr. Kenneth Wright | |Member |
| |Mr. Patrick McGann | |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 award of the Purple Heart.
2. The applicant states that he should have been awarded the Purple Heart
for injuries received in Vietnam. He was first rated (by the Department of
Veterans Affairs) upon his release from active duty.
3. The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge), a copy of a letter from the Veterans Administration notifying
the applicant of a monthly disability payment, and a copy of a Walter Reed
General Hospital clinical record.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 26 March 1969. The application submitted in this case is
dated 2 November 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 23 August 1967, trained as
an infantryman, and in July 1968 transferred with his unit, Company A, 1st
Battalion, 11th Infantry, 5th Infantry Division, to Vietnam. He was
awarded the Combat Infantryman Badge on 5 October 1968.
4. A casualty report shows that the applicant was wounded in action on
23 September 1968, sustaining multiple fragment wounds to both legs
from a hostile mortar round while on a combat operation. On 25 September
1968 The Adjutant General informed his parents that he was wounded in
action.
5. The applicant was transferred to Walter Reed General Hospital,
underwent treatment for multiple fragment wounds to both legs, right
shoulder, scrotum, buttocks, and fracture of the proximal phalanx to his
right great toe.
6. The applicant was released from active duty on 26 March 1969. His
DD Form 214 does not show award of the Purple Heart. The applicant’s
DA Form 20 (Enlisted Qualification Record) shows that his conduct
and efficiency were excellent during his military service.
7. The 1st Battalion, 11th Infantry was awarded the Republic of Vietnam
Gallantry Cross Unit Citation with Palm for its actions while he was
assigned to that organization. That award is not reflected on his DD Form
214.
8. 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 as a result of hostile action on 23 September
1968. He is entitled to 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:
___BE __ ___KW__ ___PM __ 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,
Army Good Conduct Medal, and Republic of Vietnam Gallantry Cross Unit
Citation with Palm.
______Barbara Ellis_______
CHAIRPERSON
INDEX
|CASE ID |AR20040009868 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050809 |
|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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