RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 02 DECEMBER 2004
DOCKET NUMBER: AR2004106178
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. Raymond Wagner | |Chairperson |
| |Mr. Thomas O'Shaughnessy | |Member |
| |Ms. Laverne Berry | |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.
2. The applicant states that he thinks he was wounded in April 1968, but
is not sure. His DD Form 214 (Report of Transfer or Discharge) does not
show award of the Purple Heart.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged error or injustice
which occurred on 11 July 1969. The application submitted in this case is
dated 24 March 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 13 July 1967, trained as in
infantryman, and in December 1967 was assigned to Company B, 2nd Battalion,
22nd Infantry, of the 25th Infantry Division in Vietnam.
4. Orders published by the 25th Infantry Division on 13 February 1968 show
that the applicant was awarded the Combat Infantryman Badge.
5. On 15 April 1968 the 12th Evaluation Hospital published orders awarding
the applicant the Purple Heart for wounds received as a result of hostile
action on 13 April 1968. That award is reflected on the applicant's DA
Form 20 (Enlisted Qualification Record), which shows that he sustained
fragment wounds to his thorax and chest.
6. The applicant completed his tour of duty in Vietnam and returned to the
United States in December 1968. He participated in five campaigns while in
Vietnam and the 2nd Battalion, 22nd Infantry was awarded the Republic of
Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation for its actions during
his assignment with that organization.
7. The applicant was released from active duty at Fort Lewis, Washington
in the rank of sergeant on 11 July 1969. His DD Form 214 does not show
award of the Purple Heart or the Combat Infantryman Badge. It shows award
of the Vietnam Service Medal, but in so doing does not reflect the number
of campaigns that he served in Vietnam.
8. Service (campaign) medals and service ribbons denote honorable
performance of military duty within specified limited dates in specified
geographical areas. Army Regulation 600-8-22, paragraph 6-7 provides for
service stars for wear on campaign and service ribbons to denote an
additional award, and states that service stars are authorized for wear on
the Vietnam Service Medal. A silver star is worn instead of five bronze
service stars.
DISCUSSION AND CONCLUSIONS:
1. The applicant was wounded in action and awarded the Purple Heart. That
award should be reflected on his DD Form 214.
2. The applicant was awarded the Combat Infantryman Badge, which should be
shown on his DD Form 214.
3. The applicant participated in five campaigns during his tour in
Vietnam. His DD Form 214 should reflect award of the Vietnam Service Medal
with one silver service star.
4. The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.
BOARD VOTE:
___RW__ ___TO __ ___LB___ 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
Combat Infantryman Badge, the Vietnam Service Medal with one silver service
star, the Republic of Vietnam Gallantry Cross Unit Citation with Palm and
the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.
____Raymond Wagner______
CHAIRPERSON
INDEX
|CASE ID |AR2004106178 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20041202 |
|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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