RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 JANUARY 2005
DOCKET NUMBER: AR2004107108
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. Walter Morrison | |Chairperson |
| |Ms. Eloise Prendergast | |Member |
| |Ms. Jeanette McCants | |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 that his DD Form 214 (Report of Transfer or
Discharge) be corrected to reflect two awards of the Purple Heart.
2. The applicant states that he was wounded on two separate occasions.
3. The applicant provides no evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 12 May 1970. The application submitted in this case is
dated 8 April 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 enlisted in the Army for 2 years on 13 May 1968,
completed training, and in October 1968 was assigned to Company D, 86th
Engineer Battalion in Vietnam. He was promoted to pay grade E-4 in January
1969.
4. On 27 February 1969 orders were published awarding the applicant the
Purple Heart for wounds received in action on 15 February 1969. His DA
Form 20 (Enlisted Qualification Record) shows that he received a shrapnel
wound to his left leg.
5. A “true extract copy” of a 30 June 1969 order shows that the applicant
was awarded the Purple Heart (first oak leaf cluster) for wounds received
in action on 21 June 1969. His DA Form 20 shows that he sustained a
possible perforated ear drum.
6. On 4 August 1969 the applicant was awarded the Army Commendation Medal
for meritorious service during the period October 1968 to August 1969. The
applicant participated in four campaigns during his tour of duty in
Vietnam.
7. The applicant returned to the United States in August 1969 and was
assigned to Fort Riley, Kansas. He was released from active duty with an
honorable characterization of service on 12 May 1970. His DD Form 214
shows one award of the Purple Heart.
8. The Vietnam casualty roster maintained by this agency shows that the
applicant was wounded in action on the above-mentioned two dates.
9. The Army Good Conduct Medal is awarded to individuals who distinguish
themselves by their conduct, efficiency and fidelity during a qualifying
period of active duty enlisted service. This period is 3 years except in
those cases when the period for the first award ends with the termination
of a period of Federal military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant was wounded in action on two occasions as indicated
above, and orders were published accordingly. Consequently, his DD Form
214 should be corrected to show award of the Purple Heart (first oak leaf
cluster).
2. The applicant participated in four campaigns during his tour of duty in
Vietnam. He is entitled to award of the Vietnam Service Medal with four
bronze service stars (one for each campaign).
3. The evidence shows that the applicant served his country honorably and
faithfully. He is entitled to award of the Army Good Conduct Medal.
BOARD VOTE:
__WM___ ___EP __ __JM ___ 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
(first oak leaf cluster), Vietnam Service Medal with four bronze service
stars, and the Army Good Conduct Medal.
_____ Walter Morrison______
CHAIRPERSON
INDEX
|CASE ID |AR2004107108 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050113 |
|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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