RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 July 2004
DOCKET NUMBER: AR2004100436
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. Walter Morrison | |Chairperson |
| |Ms. Barbara Ellis | |Member |
| |Mr. Eric Andersen | |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 award of the Purple Heart.
2. The applicant states that he was wounded in combat on 15 November 1965
and never received the Purple Heart.
3. The applicant provides no evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 31 January 1978. The application submitted in this case is
dated 28 October 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. Having prior inactive and active service, the applicant enlisted on 5
January 1961. He served as an infantryman in Vietnam from 16 August 1965
through
8 July 1966 and was honorably discharged on 4 January 1967.
4. The applicant's DD Form 214 for the period ending 4 January 1967 does
not show the Purple Heart as an authorized award.
5. The applicant enlisted on 16 May 1967 and remained on active duty
through continuous reenlistments until he retired on 31 January 1978 in the
rank of sergeant first class.
6. The applicant's DD Form 214 for the period ending 31 January 1978 shows
the National Defense Service Medal, the Vietnam Service Medal, the Vietnam
Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Combat Infantryman Badge, the Air Medal, the Armed Forces
Expeditionary Medal, and the Good Conduct Medal (4th Award) as authorized
awards.
7. There are no orders for the Purple Heart in the available records.
However, the Vietnam Casualty Roster shows the applicant was wounded in
action on
15 November 1965.
8. The applicant's service personnel records show he participated in three
campaigns during his assignment in Vietnam.
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
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.
10. Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was wounded in action on
15 November 1965 in Vietnam. Therefore, he is entitled to award of the
Purple Heart and correction of his DD Form 214 for the period ending 31
January 1978 to show this award.
2. The applicant participated in three campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with three
bronze service stars.
BOARD VOTE:
wm_____ be____ ea________ 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:
a. awarding him the Purple Heart for wounds received in action on
15 November 1965 in Vietnam; and
b. amending his DD Form 214 for the period ending 31 January 1978 to
add award of the Purple Heart and to show that he was awarded the Vietnam
Service Medal with three bronze service stars.
__Walter Morrison_______
CHAIRPERSON
INDEX
|CASE ID |AR2004100436 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20040722 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0015 |
|2. |107.0000 |
|3. | |
|4. | |
|5. | |
|6. | |
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