RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 July 2006
DOCKET NUMBER: AR20050017830
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. William Powers | |Chairperson |
| |Ms. Marla Troup | |Member |
| |Mr. William Crain | |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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Purple Heart.
2. The applicant states he was awarded the decoration while in the
hospital.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 14 December 1970. The application submitted in this case is
dated 7 December 2005.
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 limitations 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 on 10 June 1968 for a period of 2 years. He
arrived in Vietnam on 13 May 1969. He served as a light weapons
infantryman assigned to Company A, 1st Battalion, 5th Infantry of the 25th
Infantry Division in Vietnam from 22 May 1969 until he was wounded in
action on 9 August 1969 and transferred to the United States on 29 August
1969 for further medical treatment. On 14 December 1970, the applicant was
honorably discharged by reason of physical disability.
4. The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal with two bronze service stars, the Republic of
Vietnam Campaign Medal with Device 1960, the Good Conduct Medal, the Bronze
Star Medal with “V” Device, the Combat Infantryman Badge, the Expert
Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar as authorized awards.
5. Headquarters, 12th Evacuation Hospital General Orders Number 211, dated
10 August 1969, show the applicant received the Purple Heart for wounds
received in action on 9 August 1969 in Vietnam.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam. This document shows the applicant's unit is entitled
to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 5, dated 1973.
7. Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit is entitled to award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation based on Department of the Army General
Orders Number
9, dated 1979.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the Purple Heart.
2. The applicant’s unit was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation while he was assigned to it.
3. Records show the applicant should have discovered the alleged error now
under consideration on 14 December 1970; therefore, the time for the
applicant to file a request for correction of any error expired on 13
December 1973. Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.
BOARD VOTE:
WP_____ _MT_____ _WC____ 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 amending his DD Form 214 to show that
he was awarded the Purple Heart, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation.
___William Powers_____
CHAIRPERSON
INDEX
|CASE ID |AR20050017830 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060720 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0015 |
|2. |107.0000 |
|3. | |
|4. | |
|5. | |
|6. | |
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