RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 2 November 2004
DOCKET NUMBER: AR2004102064
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. Rosa M. Chandler | |Analyst |
The following members, a quorum, were present:
| |Ms. Margaret K. Patterson | |Chairperson |
| |Mr. Joe R. Schroeder | |Member |
| |Mr. Robert L. Duecaster | |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, in effect, that his DD Form 214 (Certificate of
Release or Discharge from Active Duty), issued at retirement on 31 December
1990, be amended to show award of the Purple Heart (PH) with Oak Leaf
Cluster (OLC).
2. The applicant states, in effect, that while on night ambush, he was
wounded on his face and shoulder by fragments from an enemy hand grenade.
Shortly after he was wounded the 3rd Battalion, 503rd Infantry left Vietnam
and he was overlooked for a second award of the PH.
3. The applicant provides in support of his request:
a. Letter he contends that was written to his wife dated 24 May
1971.
b. DD Form 214 for the period from 8 March 1981 to 31 December 1990.
c. Veteran's Administration Disability Compensation Rating Decision,
undated.
d. Medical treatment record dated 29 May 1971 and 16 October 1973.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged error which occurred
on
31 December 1990. The application submitted in this case is dated 5
January 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 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’s military records shows he served honorably in the
Regular Army (RA) from 11 October 1966 to 11 October 1969; 1 November 1970
to
27 November 1974 and from 28 August 1977 to 28 August 1980. Ultimately he
returned to military service on 8 March 1981 and served continuously until
his retirement for length of service on 31 December 1990.
4. The applicant's DA Form 20 (Enlisted Qualification Record), Item 40
(Wounds) shows he was wounded in action due to a gunshot wound to the left
leg on 23 February 1968 and that he received a fragment wound in his left
shoulder and face on 29 May 1971.
5. The applicant's DA Form 20, Item 41 (Awards and Decorations) shows that
General Orders Number 30, from Headquarters Triple Army Medical Center
awarded the applicant his initial PH. General Orders Number 161, dated 16
June 1968, from Headquarters, 101st Airborne Division (Airmobile) awarded
the applicant the second PH.
DISCUSSION AND CONCLUSIONS:
1. The available evidence supports the applicant's claim that he was
wounded in action twice and is authorized award of the PH with OLC.
General Orders Number 30, awarded the applicant his initial PH for a wound
that he received in action on 23 February 1968. General Orders Number 161,
dated 16 June 1968, awarded the applicant the PH with OLC for a wound that
he sustained in action on 29 May 1971.
2. Therefore, the evidence available supports correcting the applicant's
DD Form 214 issued on 31 December 1990 to show award of the PH with OLC.
BOARD VOTE:
__mkp___ __jrs___ __rld___ GRANT 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 on his Form 214 issued on 31
December 1990 award of the PH with OLC.
Margaret K. Patterson
______________________
CHAIRPERSON
INDEX
|CASE ID |AR2004102064 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20041102 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |(GRANT) |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0015 |
|2. |107.0056 |
|3. |107.0072 |
|4. | |
|5. | |
|6. | |
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