RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 June 2004
DOCKET NUMBER: AR2004100599
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:
| |Ms. Margaret Patterson | |Chairperson |
| |Mr. William Powers | |Member |
| |Ms. Mae Bullock | |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 suffered grenade fragment wounds to his
right knee on 9 October 1970 in Vietnam.
3. The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge); an undated letter from the applicant to his parents; and a
Department of Veterans Affairs letter, dated 26 December 2000.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 14 July 1971. The application submitted in this case is dated
27 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. The applicant was inducted on 15 July 1969. He served as an armor
reconnaissance specialist assigned to Troop A, 1st Squadron, 1st Cavalry in
Vietnam from 3 January 1970 until he was wounded in action on 9 October
1970 and evacuated to the United States on 21 October 1970 for medical
treatment. He was released from active duty on 14 July 1971.
4. The applicant's DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal with one bronze service star, and the Vietnam
Campaign Medal as authorized awards.
5. The applicant's DA Form 20 (Enlisted Qualification Record) shows that
he sustained a fragment wound to his right leg on 9 October 1970. The
Vietnam Casualty Roster shows that he was wounded in action on 9 October
1970. His separation physical examination also shows that he sustained
grenade fragments to his right knee while in Vietnam.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam. This document shows the applicant's unit received the
Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 42, dated 1972.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was wounded in action on 9
October 1970 in Vietnam. Therefore, he is entitled to award of the Purple
Heart and correction of his DD Form 214 to show this award.
2. The applicant's unit was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation while he was assigned to it.
BOARD VOTE:
MP___ WP_______ MB______ 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
9 October 1970 in Vietnam; and
b. amending his DD Form 214 to add award of the Purple Heart and to
show that he received the Republic of Vietnam Gallantry Cross with Palm
Unit Citation.
__Margaret Patterson__
CHAIRPERSON
INDEX
|CASE ID |AR2004100599 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20040617 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0015 |
|2. |107.0094 |
|3. | |
|4. | |
|5. | |
|6. | |
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