RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 JUNE 2005
      DOCKET NUMBER:  AR20040008255


      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. Robert Duecaster              |     |Chairperson          |
|     |Mr. Thomas Pagan                  |     |Member               |
|     |Mr. Michael Flynn                 |     |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 record be corrected to show three
awards of the Purple Heart.

2.  The applicant states that he was hit four separate times in three
different firefights.  Three are noted in his medical records, to include
one wound treated at Letterman General Hospital.  He was totally disabled
in November 1970 so they were not important, but his son has asked for them
and that makes it important.  He states that they were never to be in the
field for more than 10 days running.  They were hit on the 9th day.  The
face wound was on the morning of the 13th day.  He states that afternoon we
were ___ (unreadable) heavy casualties, and he got hit in the chest.
Sixteen hours later they were evacuated.  He states that he has enclosed
copies of his medical records that show several errors.  The medical record
shows three separate wounds.  Only one was treated.  The others were from
previous encounters.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge), and copies of medical documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 October 1969.  The application submitted in this case
is dated      10 July 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 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 was inducted into the Army on 11 October 1967, trained as
an infantryman, and qualified as a marksman with the rifle and an expert
with the machinegun.  In April 1968, he was assigned as an infantryman to
Company B, 3d Battalion, 7th Infantry, of the 199th Infantry Brigade in
Vietnam.  He was wounded in action on 18 April 1968, and on 20 April 1968,
orders were published by the 93d Evacuation Hospital awarding him the
Purple Heart.

4.  The applicant was transferred to the Army hospital at Camp Zama, Japan,
and in May 1968 assigned to Letterman General Hospital in San Francisco.
In July 1968, he was assigned to Fort Carson, Colorado.  He was released
from active duty at Fort Carson on 10 October 1969.  His DD Form 214 shows
award of the National Defense Service Medal, Vietnam Campaign Medal with
          60 Device, and the Vietnam Service Medal with one bronze service
star.  It does not show award of the Purple Heart.  The applicant’s record
shows that his efficiency and conduct were both excellent during his
military assignments.  There is no derogatory information contained in his
records.

5.  A 10 July 1968 medical record prepared at Letterman General Hospital
shows that the applicant sustained a gunshot wound to his left chest with
contusion to the lung and fracture of the rib, and that he suffered a
grazing wound to the left cheek and the left palm on 18 April 1968.

6.  A 17 July 1968 medical record prepared at Letterman General Hospital
shows that the applicant was diagnosed as having a wound, perforating,
missile, point of entrance posterior left chest, point of exit -
posteriorly left chest, no artery or nerve involvement; and that he
sustained the wound about 1800 hours on 18 April 1968 when he was injured
during a sweep mission in Vietnam.  Other diagnoses were fracture, closed,
rib, left, nor artery or nerve involvement; contusion of lung, left,
secondary to the first diagnosis; and wound, lacerated, left side of face
and left hypothenar eminence, nor artery or nerve involvement.  The record
indicates that all the wounds were sustained at the same time.

7.  A 5 February 1969 medical record shows that the applicant received a
temporary profile because of his left chest contusion (lung).

8.  On 28 February 1990 the Army Reserve Personnel Center authorized the
issuance of the Purple Heart to the applicant.

9.  The Vietnam Casualty Report maintained at this agency shows that the
applicant was wounded in action on one occasion, 18 April 1968.

10.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for
a wound sustained as a result of hostile action. Substantiating evidence
must be provided to verify that the wound was the result of hostile action,
the wound must have required treatment, and the medical treatment must have
been made a matter of official record.  The Purple Heart is authorized for
the first wound suffered, as a result of hostile action, but for each
subsequent award an oak leaf cluster will be awarded to be worn on the
medal or ribbon.  Not more than one award will be made for more than one
wound or injury received at the same instant or from the same missile,
force, explosion, or agent.

11.  The Combat Infantryman Badge (CIB) is awarded to infantry officers and
to enlisted and warrant officer persons who have an infantry MOS (military
occupational specialty).  They must have served in active ground combat
while assigned or attached to an infantry unit of brigade, regimental or
smaller size.
There are basically three requirements for award of the CIB.  The Soldier
must be an infantryman satisfactorily performing infantry duties, must be
assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and must actively participate in such ground combat.
Campaign or battle credit alone is not sufficient for award of the CIB.

12.  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.

13.  The Unit Citation and Campaign Participation Credit Register shows
that the 3d Battalion, 7th 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 while the
applicant was assigned to that organization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action on 18 April 1968 and was awarded
the Purple Heart.  That award should be reflected on his DD Form 214.
However, the applicant’s contention that he was wounded in three different
firefights and entitled to three awards of the Purple Heart is not
supported by the available evidence.  The applicant’s medical records show
that his chest wound, rib fracture, lung contusion, and face wound, all
occurred at approximately 1800 hours on 18 April 1968, and all were caused
by the same agent – a bullet wound. There is insufficient evidence to
indicate otherwise.  Consequently, the applicant’s request to correct his
records to show three awards of the Purple Heart cannot be granted.

2.  The applicant was an infantryman assigned to an infantry company.  He
was wounded as a result of hostile action.  He is entitled to award of the
Combat Infantryman Badge.

3.  The applicant served his country faithfully and honorably.  He is
entitled to award of the Army Good Conduct Medal.

4.  The applicant qualified as a marksman with the rifle and as an expert
with the machinegun.  He is entitled to award of the Marksman Marksmanship
Qualification Badge with rifle bar and the Expert Marksmanship
Qualification Badge with machinegun bar.

5.  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:

________  ________  ________  GRANT FULL RELIEF

___RD __  ___TP __  ___MF __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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, Combat Infantryman Badge, Army Good Conduct Medal, Marksman
Marksmanship Qualification Badge with rifle bar, Expert Marksmanship
Qualification Badge with machinegun bar, Republic of Vietnam Gallantry
Cross Unit Citation with Palm, and Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation.

 2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
three awards of the Purple Heart.



                            ____ Robert Duecaster_____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040008255                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050623                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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