RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 02 NOVEMBER 2004
DOCKET NUMBER: AR2004104204
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. Margaret Patterson | |Chairperson |
| |Mr. Joe Schroeder | |Member |
| |Mr. Robert 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 award of the Purple Heart and award of any other
medals or badges to which he is entitled.
2. The applicant states that he was wounded in February 1968.
3. The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge) and his physical profile record.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 2 October 1968. The application submitted in this case
is dated 21 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 was inducted into the Army on 3 October 1966 and was
assigned to Fort Hood, Texas for training as an infantryman. He qualified
as a sharpshooter with the rifle, recoilless rifle, and grenade. In
October 1967 he transferred with his unit, Company E, 1st Battalion, 46th
Infantry, to Vietnam. On 16 February 1968 the applicant was wounded in
action, sustaining multiple fragment wounds to his neck, chest, and both
arms when he was hit by a hostile mortar attack. His parents were so
notified on 22 February 1968. The applicant was transferred to the 249th
General Hospital in Japan, and in March 1968 to Valley Forge General
Hospital in Phoenixville, Pennsylvania. The applicant participated in two
campaigns during his tour in Vietnam.
4. In May 1968 the applicant was assigned to Fort Dix, New Jersey, where
he was released from active duty on 2 October 1968.
5. The Unit Citation and Campaign Participation Credit Register shows that
the 1st Battalion, 46th Infantry was awarded the Republic of Vietnam
Gallantry Cross Unit Citation with Palm for its actions while he was
assigned to that unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant was wounded in action on 16 February 1968. He is
entitled to award of the Purple Heart.
2. The applicant participated in two campaigns during his tour in Vietnam.
He is entitled to award of the Vietnam Service Medal with two bronze
service stars (one for each campaign). He is also entitled to award of the
Republic of Vietnam Gallantry Cross Unit Citation with Palm.
3. The applicant is entitled to award of the Sharpshooter Marksmanship
Qualification Badge with rifle, recoilless rifle, and grenade bars.
BOARD VOTE:
___MP __ ___JS __ ___RD __ 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, the
Vietnam Service Medal with two bronze service stars, the Republic of
Vietnam Gallantry Cross Unit Citation with Palm, and the Sharpshooter
Marksmanship Qualification Badge with rifle, recoilless rifle, and grenade
bars.
____Margaret Patterson______
CHAIRPERSON
INDEX
|CASE ID |AR2004104204 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20041102 |
|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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