RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          16 June 2005
      DOCKET NUMBER:  AR20040005317


      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. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Ms. Delia R. Trimble              |     |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 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show two awards of
the PH.  He also requests that his DD Form 214 be corrected to show two
unit citations, one red and one blue in color.

2.  The applicant states, in effect, that he is authorized these awards for
his period of service with the 1st Cavalry Division.

3.  The applicant provides no evidence in support of his request, even
though he states he is providing a copy of a certificate, a newspaper
clipping and photos of him wearing his uniform and the awards he is
authorized.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
8 October 1969.  The application submitted in this case is dated 13 May
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 9 October 1967, the applicant was inducted into the Army of the
United States.  He completed the training requirements and he was awarded
military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He
was assigned to Vietnam on 24 March 1968.  He served with Company A, 2nd
Battalion, 12th Cavalry, 1st Cavalry Division.

4.  The applicant was wounded in action on 28 August 1968 and treated at
the Army Medical Center, Ryukyu Islands from 2-13 September 1968.  He was
attached to the 257th Replacement Company, Vietnam from 14 September 1968
until he returned to his unit on 6 December 1968.  He returned to the
United States on 23 March 1969 and he was assigned to Fort Carson Colorado.

5.  On 8 October 1969, 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, Bronze Star Medal (BSM)
(shown on DD Form 214 as Bronze Service Medal), Air Medal, Vietnam Service
Medal (VSM), Vietnam Campaign Medal with 60 Device, four bronze service
stars, and the Combat Infantryman Badge.

6.  The applicant's name does not appear on the Vietnam Casualty List, a
compilation of all casualties during the Vietnam War.

7.  General Orders Number 1450, Headquarters, 1st Cavalry Division, dated
6 February 1969, shows the applicant was awarded the BSM for meritorious
service, not involving participation in aerial flight, in connection with
military operations against a hostile force in Vietnam from March 1968 to
March 1969.

8.  General Orders Number 139, Headquarters, United States Army Medical
Center, Ryukyu Islands, dated 17 September 1968, shows the applicant was
awarded the PH for wounds received in action on 28 August 1968.

9.  Special Orders Number 173, 5th Infantry Division (Mechanized), Fort
Carson, Colorado, dated 22 June 1969, shows the applicant was awarded the
Marksman Marksmanship Qualification Badge, M-14 Rifle.

10.  Special Orders Number 022, Headquarters, United States Army Training
Center, Infantry, Fort Polk, Louisiana, dated 25 January 1968, shows the
applicant was awarded the Marksman Marksmanship Qualification Badge,
M-16 Rifle.

11.  Special Orders Number 026, Headquarters, United States Army Training
Center, Infantry, Fort Polk, dated 30 January 1968, shows the applicant was
awarded the Sharpshooter Marksmanship Qualification Badge,
M-60 Machinegun Course.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the PH 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.  This
regulation also provides that there is no statute of limitations on
requests for award of the PH.  An OLC is authorized for wear for each
additional award of the PH.

13.  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 1968 to 23 March 1969.

14.  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 9 August 1965 to 9 May 1969 by
Department of the Army General Orders (DAGO) Number 59, dated 1969.  It
also shows the unit was awarded the Republic of Vietnam Civil Actions Honor
Medal, First Class for the period 1 January 1969 to 1 February 1970 by DAGO
Number 42, dated 1972; and the Valorous Unit Award for the period 7-11
March 1969 by DAGO Number 5, dated 1973.  The unit was also awarded the
Presidential Unit Citation (PUC) for actions which occurred prior to the
applicant's assignment.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was awarded the PH for a
wound received in action on 28 August 1968.  There is no evidence that he
was wounded in action on any other date.  His name also does not appear on
the Vietnam Casualty List.  The applicant must provide corroborating
evidence that demonstrates he was wounded twice as a result of hostile
action, the wound must have required treatment, and the medical treatment
must have been made a matter of official record to receive a second award
of the PH.

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

      a.  Marksman Marksmanship Qualification Badge, M-14 Rifle;

      b.  Marksman Marksmanship Qualification Badge, M-16 Rifle;

      c.  Sharpshooter Marksmanship Qualification Badge, M-60 Machinegun;

      d.  Two OSB's to represent his service from 24 March 1968 to 23 March
1969.

      e.  Republic of Vietnam Gallantry Cross Unit Citation with Palm;

      f.  Republic of Vietnam Civil Actions Honor Medal, First Class; and


      g.  Valorous Unit Award.


3.  The applicant is not entitled to have his record corrected to show
award of the PUC as he was not a unit member when the citation was awarded.

4.  The applicant's DD Form 214 incorrectly shows the applicant was awarded
a Bronze Service Medal, it should show award of a BSM for the period of
service from March 1968 to March 1969.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__rjw___  __kwl___  __drt___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 October 1969.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
7 October 1972.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
in this case based on the fact there is no statute of limitations on
requests for award of the Purple Heart.

2.  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:

      a.  PH;


      b.  Marksman Marksmanship Qualification Badge, M-14 Rifle;

      c.  Marksman Marksmanship Qualification Badge, M-16 Rifle;

      d.  Sharpshooter Marksmanship Qualification Badge, M-60 Machinegun;

      e.  Two OSB's to represent his service from 24 March 1968 to 23 March
1969.

      f.  Republic of Vietnam Gallantry Cross Unit Citation with Palm;

      g.   Republic of Vietnam Civil Actions Honor Medal, First Class; and


      h.  Valorous Unit Award.

3.  Delete Bronze Service Medal from the applicant's DD Form 214 issued on
8 October 1969 and add BSM.

4.  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
the PH with OLC.



                 Raymond J. Wagner
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040005317                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050616                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0033                                |
|3.                      |107.0079                                |
|4.                      |107.0094                                |
|5.                      |                                        |
|6.                      |                                        |



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