RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 July 2005
      DOCKET NUMBER:  AR20040008715


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 be corrected to
show award of a second Purple Heart.

2.  The applicant states the he was hit by shrapnel in his right shoulder
in March of 1966 and in his neck in February of 1966.

3.  The applicant provides no documents to support his case.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 July 1967, the date of his separation from active duty.  The
application submitted in this case is dated 18 October 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's military records show that he entered active duty on 23
July 1964.  He successfully completed basic training and advanced
individual training and was awarded the military occupational specialty
(MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from 4 October
1965 1 October 1966 as a member of Company C, 1st Battalion, 12th Cavalry
of the 1st Cavalry Division.  He was transferred to the Army Reserve with
an honorable characterization of service on 21 July 1967.

4.  Item 24 of the applicant's DD Form 214 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows
award of the Purple Heart.

5.  The applicant's records contain 1st Cavalry Division (Airmobile)
General Orders Number 922, dated 29 March 1966, which awarded him the
Purple Heart for wounds received in connection with military operations
against a hostile force on 23 February 1966.

6.  There are no orders in the applicant's records that show he was awarded
a second Purple Heart.  His DA Form 20 (Enlisted Qualification Record)
shows in item 40 (Wound) that he received a "Frag in L Side of Neck", and
item 41 (Awards) only list one award of the Purple Heart.

7.  The applicant's name is not listed on the Vietnam Casualty Roster.

8.  Review of the applicant's personnel records indicate he is entitled to
additional awards that are not shown on his DD Form 214.

9.  There is no evidence the applicant received the first award of the Army
Good Conduct Medal.  There also is no evidence that the applicant was
disqualified by his chain of command from receiving the Army Good Conduct
Medal.  His records do not contain any adverse information, and he received
conduct and efficiency ratings of "excellent" throughout his service.

10.  Army Regulation 600-8-22 (Military Awards) provides that 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.  The regulation states that, after 27 June 1950 to the
present time, the current standard for award of the Army Good Conduct Medal
is 3 years of qualifying service, but as little as one year is required for
the first award in those cases when the period of service ends with the
termination of Federal military service.  Although there is no automatic
entitlement to the Army Good Conduct Medal, disqualification must be
justified.

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 that, at the time of the
applicant's assignment to Company C, 1st Battalion, 12th Cavalry, it was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and
the Presidential Unit Citation.

12.  The applicant's DD Form 214 shows he was awarded the Vietnam Service
Medal.

13.  Appendix B of Army Regulation 600-8-22 lists, in pertinent part, the
military campaign periods of the Vietnam War.  Based on the applicant's
dates of service in Vietnam, Appendix B shows that he participated in the
following two campaigns: Vietnam Defense Campaign, and Vietnam
Counteroffensive.


14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, 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.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to a second award of the Purple
Heart was carefully considered.  However, there is insufficient evidence to
support his contention.  By regulation, in order to award the Purple Heart
it is necessary to establish that a Soldier was wounded in action, that the
wound required treatment by a medical officer, and the treatment record
must have been made a matter of official record.

2.  The evidence shows that the applicant was wounded/injured on 23
February 1966.  His record is void of any documentary evidence that shows
he was ever wounded in action, or awarded the Purple Heart thereafter.

3.  Although the veracity of the applicant's claim that he sustained his
injuries in the Republic of Vietnam is not in question, lacking any
corroborating evidence of record showing that he was treated for a
wound/injury that was the direct result of or caused by enemy action, the
regulatory burden of proof necessary to support award of a second Purple
Heart has not been satisfied in this case.  As a result, his request for a
second award of the Purple Heart must be denied.

4.  The applicant was separated on 21 July 1967 with 2 years, 11 months,
and  29 days of active service and had no lost time.  The applicant's
available records do not contain evidence which would disqualify him from
receiving the Army Good Conduct Medal.  Therefore, he is entitled to award
of the Army Good Conduct Medal for the period 23 July 1964 through 21 July
1967 based on completion of a period of qualifying service ending with
termination of a period of Federal military service.



5.  The applicant's DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record shows the applicant
participated in two campaigns during his assignment in Vietnam.  Therefore,
the applicant is entitled to the Vietnam Service Medal with two bronze
service stars and correction of his DD Form 214 to show this award.

6.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, and the Presidential Unit Citation.
Therefore, he is entitled to correction of his records to show these unit
awards.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 July 1967.  Therefore, the time for
the applicant to file a request for correction of an error or injustice
expired on          20 July 1970.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waiver
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.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on (enter date); therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on (enter date).  The applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___lds __  __lgh ___  ___phm _  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:

      Awarding the Army Good Conduct Medal for the period 23 July 1964
through 21 July 1967;

      b.  deleting the Vietnam Service Medal from the DD Form 214;

      b.  adding the Vietnam Service Medal with two bronze service stars,
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Presidential Unit Citation to the DD Form 214.

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
the Purple Heart.





                                  ____Linda D. Simmons______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008715                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/07/26                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Partial Grant                           |
|REVIEW AUTHORITY        |DASA                                    |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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