RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 AUGUST 2005
      DOCKET NUMBER:  AR20040011326


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Ms. Marla Troup                   |     |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 two awards of the Purple Heart, for wounds
received on 6 May 1970 and 10 May 1970.

2.  The applicant states that his DD Form 214 (Report of Transfer or
Discharge) needs to be corrected to reflect the awards.

3.  The applicant provides a copy of a 12 October 1972 letter to the
applicant from the Veterans Administration (VA), a copy of a clinical
record cover sheet, dated 7 May 1970, a copy of a clinical record cover
sheet dated 13 May 1970, a copy of a 17 November 1983 letter to the
applicant from the VA, and a copy of the applicant’s 1 July 1971 DD Form
214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 July 1971.  The application submitted in this case is
dated             9 December 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 into the Army on 2 July 1969.  On 20 August
1969 he was awarded the Expert Marksmanship Qualification Badge with rifle
bar.  The applicant trained as an infantryman and in January 1970 was
assigned to Company B, 2nd Battalion (Airmobile), 501st Infantry in
Vietnam.

4.  On 12 February 1970 the applicant was awarded the Combat Infantryman
Badge.  On 18 April 1970 he was awarded the Army Commendation Medal with
“V” device for his heroism on 6 February 1970.  On 6 June 1970 he was
awarded the Army Commendation Medal for meritorious achievement from 1
January 1970 to 31 May 1970.

5.  On 10 August 1970 the applicant was awarded the Bronze Star Medal with
“V” device for heroism in ground combat against a hostile for in Vietnam on
        6 May 1970.  The order effecting that award shows that he was
wounded in action.

6.  A casualty report shows that he received a fragment wound to his right
arm while engaged in a firefight.  Clinical record cover sheets dated 6 May
1970 and 13 May 1970 show that he received a fragment wound to his right
arm on 6 May 1970, treated at the 18th Surgical Hospital and subsequently
treated at the       6th Convalescent Center.

7.  On 12 November 1970 the applicant was awarded the Bronze Star Medal
(First Oak Leaf Cluster) for meritorious service from 1 January 1970 to
         31 October 1970.

8.  The applicant returned to the United States in November 1970.  He
participated in three campaigns during his tour of duty in Vietnam and the
     2nd Battalion, 501st Infantry was awarded the Republic of Vietnam
Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation for its actions while he was
assigned to that organization.

9.  The applicant was assigned to Fort Knox, Kentucky where he was released
from active duty in the grade of E-4 with an honorable characterization of
service on 1 July 1971.  The applicant’s DA Form 20 (Enlisted Qualification
Record) shows that his conduct and efficiency were excellent during his
Army service.

10.  The applicant’s DD Form 214 does not show award of the Purple Heart,
Combat Infantryman Badge, Expert Marksmanship Qualification Badge with
rifle bar, or the Bronze Star Medal for meritorious service.  It shows
award of the    Vietnam Service Medal but in so doing does not indicate the
number of campaigns in which he participated.

11.  The applicant’s OMPF (Official Military Personnel File) contains
evidence that he was wounded in action on 6 May 1970; however, there is no
evidence to show that he was wounded in action on 10 May 1970 or any other
date.

12.  Service (campaign) medals and service ribbons denote honorable
performance of military duty within specified limited dates in specified
geographical areas.  Army Regulation 600-8-22, paragraph 6-7 provides for
service stars for wear on campaign and service ribbons to denote an
additional award, and states that service stars are authorized for wear on
the Vietnam Service Medal.  One bronze service star denotes participation
in one campaign.  A silver service star is worn instead of five bronze
service stars.
13.  Army Regulation 600-8-22 provides 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant was wounded as a result
of hostile action on 6 May 1970.  Consequently, he is entitled to award of
the Purple Heart.

2.  There is no evidence and the applicant has not submitted any to show
that he was wounded in action on 10 May 1970.  The evidence, in fact,
appears to indicate that he was being treated from 6 May 1970 until at
least 13 May 1970 for the fragment wound to his arm that he received on 6
May 1970.  There is insufficient evidence to support his contention that he
was wounded in action on 10 May 1970.  Therefore, his request for a second
award of the Purple Heart cannot be granted.

3.  The applicant was awarded the Combat Infantryman Badge, the Bronze Star
Medal for meritorious service, and the Expert Marksmanship Qualification
Badge with rifle bar.  Those awards should be reflected on his DD Form 214.

4.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation

5.  The applicant participated in three campaigns during his tour of duty
in Vietnam.  He is entitled to award of the Vietnam Service Medal with
three bronze service stars.

6.  The applicant served his country faithfully and honorably.  He is
entitled to award of the Army Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___KN __  ___WP__  ___MT __  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 showing award of the
Purple Heart, Combat Infantryman Badge, Bronze Star for meritorious
service, Expert Marksmanship Qualification Badge with rifle bar, Republic
of Vietnam Gallantry Cross Unit Citation with Palm, Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, Vietnam Service Medal
with three bronze service stars, and the Army Good Conduct Medal.

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
a second award of the Purple Heart.




                            ____ Kathleen Newman_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011326                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050823                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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