RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           03 AUGUST 2004
      DOCKET NUMBER:  AR2004100198


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Ms. Gail Wire                     |     |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, in effect, award of two Purple Hearts.

2.  The applicant states, in effect, that he was wounded on 19 March 1967
and on 14 October 1967.

3.  The applicant provides an extract from his service medical record
confirming treatment of his 14 October 1967 wound and a copy of Department
of Defense Form 1380 (U.S. Field Medical Card) as evidence of his 19 March
1967 injury.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 January 1968.  The application submitted in this case
is dated
31 October 2003.

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.  Records available to the Board indicate that the applicant entered
active duty on 27 December 1965.  He was trained as an infantryman and in
November 1966 was assigned to Vietnam as part of a unit reassignment with
the 12th Infantry.

4.  Although the applicant’s award of the Purple Heart was omitted from his
separation document, his 14 October 1967 combat wound is well documented in
his file.  His file contains medical treatment documents, an original
telegram notifying his family that he was wounded as a result of hostile
action, original entries in items 40 (wounds) and 41 (awards and
decorations) on his Department of the Army Form 20 (Enlisted Qualification
Record), and an original order awarding him the Purple Heart for that
injury.  The order confirming award of the Purple Heart was published by
the 199th Infantry Brigade, the applicant’s parent headquarters.  The
applicant’s 14 October 1967 wound is also confirmed on a list of
individuals reported as combat casualties during the Vietnam War.

5.  Other than the copy of the Department of Defense Form 1380, provided by
the applicant, there are no other documents in the applicant’s file, or
provided by him which confirm that he was wounded as a result of hostile
action on 19 March 1967.  Although the Department of Defense Form 1380 does
have specific blocks in which to record information concerning the “nature
of casualty or illness,” and whether enemy action was involved or not,
those blocks contain no information.  The copy of the form contains the
handwritten entry “WIA” followed by the entry “Scrapnel [sic] to chest.”
The “treatment given” block contains the handwritten entry “dressed” and
the card is signed with initials only.

6.  Unlike the October 1967 wound, the 19 March 1967 injury is not recorded
in item 40 (wounds) on the applicant’s Department of Defense Form 20.  The
applicant authenticated the information on the form on 22 December 1967.
There are no medical records confirming the treatment, it is not recorded
on the list of individuals reported as combat casualties during the Vietnam
War, and there is no evidence he was ever awarded the Purple Heart for the
incident.

7.  The applicant departed Vietnam in January 1968 and on 15 January 1968
he was released from active duty with an honorable characterization of
service.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours would be awarded the Purple Heart by the organization to
which the individual was assigned.  Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam would be awarded the Purple
Heart directly by the hospital commander rendering treatment.

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in two designated campaigns (Vietnam
Counteroffensive Phases II and III) during the applicant’s period of
assignment.  Two bronze service stars on the Vietnam Service Medal, which
is recorded on his separation document, should reflect his campaign
participation.  The unit was also awarded the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and one Republic of Vietnam Civil Actions
Honor Medal First Class Unit citation during his tenure with the
organization.  The unit awards were also omitted from his separation
document.



DISCUSSION AND CONCLUSIONS:

1.  The evidence does confirm that the applicant was awarded the Purple
Heart for wounds sustained on 14 October 1967.  His separation document
should be corrected accordingly.

2.  Unlike the 14 October 1967 wound, the March 1967 incident is not
confirmed in any other documents contained in the applicant’s file or
provided by him, beyond the Department of Defense Form 1380.  It is noted
that the applicant authenticated the information on his Department of the
Army Form 20 in December 1967.  That document contained information
confirming his 14 October 1967 wound and his award of the Purple Heart for
that incident; however, it contained no information regarding a March 1967
wound.  Clearly the applicant would have been aware of the basis for an
award of the Purple Heart, in view of the fact that he had been awarded one
Purple Heart, as well as the entries related to that award which were
recorded on the Form 20.  He authenticated the information contained on the
Form 20 without any entries confirming his March 1967 wound and has failed
to adequately explain why he waited nearly 40 years to inquire about an
award of the Purple Heart for that incident.

3.  Unfortunately, in the absence of more compelling medical evidence (i.e.
a separation physical, additional treatment documents, witness statements,
evidence of scars, etc.) that the applicant was wounded as a result of
hostile action in March 1967, the copy of the Department of Defense Form
1380, is not sufficiently compelling to conclude that the applicant was
wounded at that time.

4.  The evidence does, however, show that the applicant is entitled to two
bronze service stars on his Vietnam Service Medal, a Republic of Vietnam
Gallantry Cross Unit Citation with Palm, and one Republic of Vietnam Civil
Actions Honor Medal First Class Unit.  His records should be corrected
accordingly.

BOARD VOTE:

___FE  __  ___JM __  ___GW__  GRANT 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:

      a.  by showing that he was awarded the Purple Heart for wounds
sustained on 14 October 1967; and


      b.  by showing that he is entitled to two bronze service stars on his
Vietnam Service Medal, a Republic of Vietnam Gallantry Cross Unit Citation
with Palm, and one Republic of Vietnam Civil Actions Honor Medal First
Class Unit.

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
award of a second Purple Heart for wounds claimed to have been sustained on
19 March 1967.




            _____Fred Eichorn______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100198                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040803                                |
|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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