RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          26 April 2005
      DOCKET NUMBER:  AR20040003519


      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. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Karen A. Heinz                |     |Member               |
|     |Mr. Lawrence Foster               |     |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, that his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show
award of the Purple Heart (PH) with Oak Leaf Cluster (OLC).

2.  The applicant states that he was wounded twice in Vietnam.

3.  The applicant provides in support of his request:

      a.  General Orders Number 213, Headquarters, 12th Evacuation Hospital,
dated 14 November 1967, awarding him the PH for wounds received on
10 November 1967.

      b.  General Orders Number 74, Headquarters, 23rd Artillery Group,
dated 26 August 1968, awarding him the PH for wounds received on 11
February 1968.

      c.  Two PH Certificates issued after his separation from active duty.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
18 April 1968.  The application submitted in this case is dated 24 June
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.  On 6 April 1966, the applicant was inducted into the Army of the United
States.  He served in military occupational specialty (MOS) 82C (Surveyor).
 He served in Vietnam from 24 March 1967 to 23 March 1968 with Headquarters
and Headquarters Battery, 1st Battalion, 27th Artillery.  He served during
Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, and
the Tet Counteroffensive campaigns.

4.  On 14 March 1968, the applicant was honorably released from active duty
and transferred to the United States Army Reserve.  His DD Form 214 shows
he was awarded the National Defense Service Medal (NDSM), Vietnam Service
Medal (VSM), Vietnam Campaign Medal (VCM) with Device 60, and one Overseas
Service Bar.

5.  General Orders Number 213, Headquarters, 12th Evacuation Hospital,
dated 14 November 1967 shows the applicant was awarded the PH for wounds
received in connection with military operations against a hostile force in
Vietnam on 10 November 1967.

6.  General Orders Number 74, Headquarters, 23rd Artillery Group, dated
26 August 1968 shows the applicant was awarded the PH for wounds received
in connection with military operations against a hostile force in Vietnam
on 11 February 1968.

7.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 40
(Wounds), is annotated "Fragment wounds right shoulder, 12 February 1968."
The Vietnam Casualty List, a compilation of all casualties during the
Vietnam War also shows the applicant was wounded on 12 February 1968.  This
list does not show that he was wounded on 10 November 1967.

8.  On 20 January 1971, the Army Reserve Personnel Command, St. Louis,
Missouri provided the applicant a DD Form 214 (Correction to DD Form 215)
to show to award of the PH.

9.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, the GCMDL, service medals and service ribbons, combat and special
skill badges and tabs, unit decorations, and trophies and similar devices
awarded in recognition of accomplishments.  This regulation provides, in
pertinent part, that:

      a.  The PH is awarded for a wound sustained as a result of hostile
action.  Substantiating evidence must be provided to verify that:  (1) the
wound was the result of hostile action; (2) the wound required medical
treatment; and (3) the medical treatment was made a matter of official
record.  The OLC is awarded to denote the second and succeeding awards of a
certain decorations, among which is the PH.


      b.  A bronze service star is authorized based on qualifying service
for each
campaign listed in Appendix B of this regulation and states that authorized
bronze service stars will be worn on the appropriate service medal.  The
applicant is authorized award of two bronze service stars for wear on his
VSM to represent his service from 24 March 1967 to 3 March 1968.

10.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Overseas Service Bar (OSB).  In pertinent part, it provides that a
bar is authorized for wear for each period of active Federal service as a
member of the U.S. Army outside of the continental limits of the United
States.  There are special provisions regarding authorization for the OSB
for service in a hostile fire zone and for combining service to calculate
award of the bars.  For Vietnam service, one OSB is authorized for each
period of 6 months active Federal service as a member of a U.S. Service in
Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and
the month of departure from Vietnam are counted as a whole months for
credit toward the OSB.  The applicant is authorized award of two OSB's to
represent his service from 24 March 1967 to
3 March 1968.

11.  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 unit to which the applicant
was assigned was cited for award of the Republic of Vietnam Gallantry Cross
Unit Citation with Palm for the period 1 September 1968 to 30 September
1970 by Department of the Army General Orders (DAGO) Number 5, dated 1973.
It also shows that the unit was awarded the Meritorious Unit Citation (MUC)
for the period 11 September 1967 to 31 July 1968 by DAGO Number 17, dated
1960 and the Republic of Vietnam Civil Actions Honor Medal, First Class for
the period 12 April 1967 to 21 January 1970 by DAGO Number 51, 1971.

DISCUSSION AND CONCLUSIONS:

1.  Even though his DA Form 20 and the Vietnam Casualty List only reference
one wounding, the applicant has provided two General Orders showing that he
was twice wounded and awarded two PHs.  He is therefore entitled to have
his record corrected to show the PH with OLC.

2.  The evidence available also supports correcting the applicant's DD Form
214 to show award of:

      a.  Three bronze service stars for wear on his VSM;


      b.  The Republic of Vietnam Gallantry Cross Unit Citation with Palm
for the period 1 September 1968 to 30 September 1970;


      c.  The MUC for the period of service from 11 September 1967 to 31
July 1968;


      d.  The Republic of Vietnam Civil Actions Honor Medal, First Class for
the period 12 April 1967 to 21 January 1970; and


      e.  Two OSBs for the period of service from 24 March 1967 to 3 March
1968.

BOARD VOTE:

__mhm___  __kah___  __lf____  GRANT 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:


      a.  Deleting the PH, the VSM with bronze service star, and the entry
"OSB (1)" from his DD Form 214;


      b.  Adding the PH with OLC, the VSM with three bronze service stars,
two OSB's, Republic of Vietnam Gallantry Cross Unit Citation with Palm;
MUC; and the Republic of Vietnam Civil Actions Honor Medal, First Class.





                 Melvin H. Meyer
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003519                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050426                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0056                                |
|3.                      |107.0079                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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