RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 NOVEMBER 2004
DOCKET NUMBER: AR2004104273
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:
| |Mr. James Hise | |Chairperson |
| |Mr. Lester Echols | |Member |
| |Mr. Hubert Fry | |Member |
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 reconsideration of his previous application to
correct his military records by awarding him the Purple Heart.
2. The applicant made no statement, but deferred to counsel.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests that the applicant's records be corrected to show that
he was awarded the Purple Heart.
2. Counsel states that the medical records clearly show that the applicant
was treated on 4 January 1969 for a fragment wound to his buttocks as a
result of an explosion from an anti personnel mine when he was on a
volunteer mission to clear tunnels.
3. Counsel provides a true copy of a page from the applicant's medical
records, and a Department of Veterans Affairs (VA) rating decision.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003084972 on 18 November 2003.
2. A copy of a page from the applicant's medical records shows that he
sustained two superficial fragment wounds to his left hip and a through and
through wound to his left buttock on 4 January 1969, while serving with
Company C, 2nd Battalion, 28th Infantry in Vietnam. He was treated for his
wound, followed up on 5 January 1969, and returned to duty.
3. On 19 November 2003 the VA awarded the applicant a zero percent service
connected disability rating for residuals of a through and through fragment
wound to his left buttock.
DISCUSSION AND CONCLUSIONS:
1. The applicant's initial application to this Board requesting award of
the Purple Heart was denied because of the lack of evidence to show that he
was wounded in action and that he was treated for his wound. That evidence
is now available, and although the circumstances surrounding his wound are
unknown, it would appear, based on the nature of his wound, that he was
wounded as a result of hostile action.
2. Consequently, the applicant's records should be corrected to show that
he was wounded in action on 4 January 1969, and therefore is entitled to
award of the Purple Heart.
BOARD VOTE:
__JH ___ ___LE___ ___HF __ 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
amendment of the ABCMR’s decision in Docket Number AR2003084972, dated 18
November 2003. As a result, the Board recommends that all Department of
the Army records of the individual concerned be corrected by award of the
Purple Heart for being wounded as a result of hostile action on 4 January
1969.
______ James Hise________
CHAIRPERSON
INDEX
|CASE ID |AR2004104273 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20041118 |
|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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