RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20040010436


      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. Antoinette Farley             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |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 award of the third award of the Purple Heart
[correctly known as the Purple Heart (Second Oak Leaf Cluster)] and the
Army Commendation Medal (First Oak Leaf Cluster) with "V" Device for
Heroism.

2.  The applicant states, in effect, that his records do not list the
awards shown above.

3.  The applicant provides no documents in support of his case.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 November 1971, the date of his permanent retirement by
reason of Physical Disability from active duty.  The application submitted
in this case is dated 15 November 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 in the Regular Army on 26 August 1969.
After completion of basic and advanced individual training, he was awarded
military occupational specialty 11B (Light Weapons Infantry).  He served
overseas in Germany from 28 January 1970 through 6 September 1970 and in
the Republic of Vietnam from 16 October 1970 through 8 June 1971.  The
applicant was honorably discharged from active duty by reason of a physical
disability on 12 November 1971.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) on the applicant's DD Form
214 shows that he was authorized award of the Army Commendation Medal with
"V" Device, the National Defense Service Medal, the Republic of Vietnam
Campaign Medal with Device 1960, the Combat Infantryman Badge.  It does not
contain any entries for award of the Purple Heart.

5.  There are no general orders in the applicant's records which show he
was awarded the Purple Heart.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in
item 40 (Wounds) the entries: "FRAG WOUNDS TO CHIN" received on 18 February
1971.  The second entry shows for "FRAG WOUNDS TO HEAD" received on 17 May
1971.

7.  Item 41 (Awards and Decorations) of DA Form 20 does not contain any
entries for award of the Purple Heart.

8.  The applicant’s personnel records contain a Western Union Telegram
addressed to the applicant's parents, dated 18 May 1971.  This Telegram
states that the applicant was wounded in action on 17 May 1971, while under
attack by a hostile force, in Vietnam.

9.  The Vietnam Casualty Roster contains one entry which shows the
applicant was seriously wounded as a result of hostile action on 17 May
1971.

10.  The applicant's records contain Standard Form 502 (Clinical Record),
dated 8 June 1971.  This document states in "Identifying Data" that "the
patient served in the Republic of Vietnam and has been awarded the Army
Commendation Medal with "V" Device and two Purple Hearts."

11.  There are no medical records or entries on the Vietnam Casualty Roster
which confirm additional wounds or injuries resulting from hostile action
that would qualify the applicant for additional awards of the Purple Heart.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, 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 by a medical officer, and the medical treatment must have been
made a matter of official record.

13.  Army Regulation 600-8-22 states, that the bronze oak leaf cluster is
awarded to denote the second and succeeding awards of certain decorations,
among which are the Purple Heart, the Bronze Star Medal, and the Army
Commendation Medal.



14.  The applicant's records contain 101st Airborne Division (Airmobile),
General Orders Number 1696, dated 24 February 1971, which awarded the
applicant the Army Commendation Medal for meritorious achievement from 1
September 1970 to 31 January 1971.

15.  Review of the orders published during the Vietnam War produced 101st
Airborne Division (Airmobile), General Orders Number 7523, dated 19 July
1971, which awarded the applicant the Army Commendation Medal with "V"
Device (First Oak Leaf Cluster) for heroism in connection with military
operations against hostile forces in the Republic of Vietnam.

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

17.  Review of the orders published during the Vietnam War produced 101st
Airborne Division, (Airmobile), General Orders Number 7150, dated 23 June
1971, which awarded the applicant the Bronze Star Medal for meritorious
service while in Vietnam.

18.  Review of the orders published during the Vietnam War produced 101st
Airborne Division, (Airmobile), General Orders Number 5268, dated 28 June
1971, which awarded the applicant the Air Medal for meritorious achievement
while participating in aerial flight.

19.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and item 38 of the
applicant's DA Form 20 also shows that all of his recorded conduct and
efficiency ratings were excellent.

20.  Army Regulation 600-8-22, provides, in pertinent part, that the 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.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.

21.  Item 41 (Awards and Decorations) of the applicant's DA Form
20 (Enlisted Qualification Record) shows that he was awarded the Vietnam
Service Medal which is not shown on his DD Form 214.

22.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Vietnam Service Medal.  This medal is awarded to all
members of the Armed Forces of the United States for qualifying service in
Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service
included attachment to or assignment for 1 or more days with an
organization participating in or directly supporting military operations.

23.  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 which in this case is
the Vietnam Service Medal.

24.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the campaigns during the Vietnam War.
This document shows that, at the time of the applicant’s assignment to
Company C 3rd Battalion, 187th Infantry, he participated in the Vietnam
Counteroffensive Phase VII.

25.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) list the unit awards received by units
serving Vietnam.  This document shows that the applicant was assigned to
Company C 3rd Battalion, 187th Infantry was cited for award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation by Department of the
Army General Order Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show
third award of the Purple Heart [correctly known as the Purple Heart
(Second Oak Leaf Cluster).

2.  Evidence of record shows that the applicant was wounded as a result of
hostile action and underwent medical treatment on 17 May 1971.  Based on
the applicant's personnel records, the Western Union Telegram sent to his
family, and the Republic of Vietnam Casualty Listing, it is concluded that
there is sufficient evidence to substantiate award of one Purple Heart for
the wounds he received on 17 May 1971.




3.  There is no medical evidence of record which shows that the applicant
sustained a fragment wound to his chin, nor has the applicant provided any
evidence of treatment of a second wound received as a result of hostile
action.  Therefore, there is insufficient evidence upon which to base any
additional awards of the Purple Heart.

4.  The applicant contends that he is entitled to award of the Army
Commendation Medal with "V" Device (First Oak Leaf Cluster).

5.  General Orders show the applicant was awarded the Army Commendation
Medal for meritorious achievement and one award of the Army Commendation
Medal with "V" Device (First Oak Leaf Cluster) for heroism.  Therefore, he
is entitled to correction of his records to show the Army Commendation
(First Oak Leaf Cluster) with "V" Device.

6.  Review of the applicant's personnel records show that additional orders
were published during the Vietnam War, which shows that applicant was
awarded the Bronze Star Medal and the Air Medal which are not annotated on
his DD Form 214.  Therefore, the applicant is entitled to have his DD Form
214 corrected to show these awards.

7.  The applicant distinguished himself by his conduct and efficiency as
evidenced by his ratings.  Therefore, the applicant should be awarded the
Good Conduct Medal based on completion of qualifying service.  Therefore,
the applicant is entitled to have his DD Form 214 corrected to show this
award.

8.  The applicant's service personnel records show he served a period of
qualifying service in Vietnam and is entitled to award of the Vietnam
Service Medal.  Evidence of record also shows that the applicant
participated in one campaign during his service in Vietnam.  Therefore, he
is entitled to correction of his records to show award of one bronze
service star to be worn on his Vietnam Service Medal.

9.  General Orders shows that, while the applicant was assigned to Company
C, 3rd Battalion, 187th Infantry, the unit was awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the applicant
is entitled to correction of his records to show this foreign unit award.




10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 November 1971, the date of the
applicant's separation from active duty.  Although the applicant did not
file within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file based on the fact there is no statute of limitations
on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__RJW__  __RR___  __JEV___  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 waiver of 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 one award of
the Purple Heart, award of the Army Commendation Medal with "V" Device
(First Oak Leaf Cluster), award of the Bronze Star Medal, award of the Air
Medal, award of the Good Conduct Medal, award of the Republic of Vietnam
Service Medal with one bronze service star and award of the Republic of
Vietnam Gallantry Cross with Palm 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
award of a third Purple Heart (Second Oak Leaf Cluster).





                                    ___James E. Vick_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010436                           |
|SUFFIX                  |                                        |
|                        |                                        |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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