RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            OCTOBER 14, 2004
      DOCKET NUMBER:    AR2004102020


      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. Luis Almodova                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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
that he received three Purple Hearts, in effect, the Purple Heart with two
oak leaf clusters.

2.  The applicant states, in effect, that the entry that is currently shown
on his DD Form 214 is incorrect.

3.  The applicant provides a copy of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 24 March 1969.  The application submitted in this case is dated
12 December 2003.

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.  The applicant enlisted in the Regular Army for 3 years on 25 March
1966.  Following completion of basic combat training at Fort Polk,
Louisiana, he completed advanced individual training at Fort Knox,
Kentucky, and was awarded the primary military occupational specialty 11E,
Armor Crewman.

4.  The applicant volunteered for and successfully completed Basic Airborne
Training at Fort Benning, Georgia, and was awarded the Parachutist Badge on
9 September 1966.

5.  The applicant was assigned to Vietnam and he arrived there on 30 July
1967.  He was initially assigned to Troop C, 1st Squadron, 11th Armored
Cavalry Regiment, and on 13 October 1967, he was reassigned to Troop C, 3rd
Squadron, 5th Cavalry, 9th Infantry Division.  The applicant served in
Vietnam
until 29 July 1968 when he was returned to the Continental United States at
the completion of his overseas tour in Vietnam.

6.  The applicant was released from active duty on 24 March 1969, under the
provisions of Army Regulation (AR) 635-200, at the Expiration of his Term
of Service, in the rank and pay grade of Specialist Five, E-5, with 3 years
active military service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded:  the National Defense Service Medal, the Vietnam Service Medal,
the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and
the Purple Heart.  The Purple Heart is shown without oak leaf clusters,
which denote a second and subsequent award.

8.  The applicant was awarded the Purple Heart for wounds received in
connection with military operations against a hostile force on 10 July
1968, by General Orders Number 5731, Headquarters, 9th Infantry Division,
dated 15 July 1968.  These orders are on file in the applicant's service
personnel records.

9.  There is an entry in Item 41 (Awards and Decorations), of the
applicants DA Form 20, Enlisted Qualification Record, showing that he was
awarded the Purple Heart, by General Orders Number 2490, Headquarters, 9th
Infantry Division.  The date of the action for which these orders were
published is not shown.  These orders are not on file in the applicant's
service personnel records.

10.  The Vietnam Casualty List was reviewed to determine if the applicant
was entitled to additional awards of the Purple Heart.  A review of this
list showed that the applicant was wounded on two other dates.  According
to this listing, he was reported as a casualty (hostile wounded in action –
not serious, not hospitalized) on 3 February 1968 and on 30 March 1968.

11.  Item 40 (Wounds), of the applicant's DA Form 20, shows the following
two entries:  "/FW (Fragmentation Wound) back and face/3 Feb 68//FW Body/30
Mar 68//"

12.  A search of the general orders consolidation maintained by the Award
Branch, Human Resources Command, was made for the appropriate orders;
however, this search failed to reveal that other general orders awarding a
Purple Heart, with the appropriate oak leaf clusters were published.

13.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for campaign participation.

14.  While in Vietnam, the applicant participated in the following four
campaigns:  the Vietnam Counteroffensive, Phase III, which extended from 1
June 1967 through 29 January 1968; the Tet Counteroffensive, which extended
from 30 January through 1 April 1968; the Vietnam Counteroffensive, Phase
IV, which extended from 2 April through 30 June 1968; and the Vietnam
Counteroffensive, Phase V, which extended from 1 July through 1 November
1968.

15.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

16.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which lists unit awards received by units
serving in Vietnam, shows that the unit the applicant was assigned to:
Troop C, 1st Squadron, 11th Armored Cavalry Regiment, was awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period 7 September 1966 through 10 August 1968, by Department of the Army
General Orders (DAGO) Number 60, dated 1969, while he was a member of the
unit.

17.  The same pamphlet shows that the second unit the applicant was
assigned to:  Troop C, 3rd Squadron, 5th Cavalry, 9th Infantry Division,
was awarded the Republic of Vietnam Civil Action Honor Medal, First Class,
Unit Citation, for the period 19 December 1966 through 15 February 1968, by
DAGO 43, dated 1969; and the Valorous Unit Award for the period 2 through 3
February 1968 by DAGO 1, dated 1969, while he was a member of the unit.

18.  AR 670-1, Chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.
DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was wounded three times while he
served in Vietnam:  on 3 February, 30 March, and 10 July 1968.  The
applicant is therefore entitled to award of the Purple Heart, with two oak
leaf clusters, and to have the current entry on his DD Form 214 corrected
appropriately.

2.  The applicant participated in four campaigns during his tour of duty in
Vietnam.  He is therefore entitled to award of four bronze service stars to
be affixed to his already-awarded Vietnam Service Medal and to have them
shown on his separation document.

3.  The applicant served with units that were awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation; and the Valorous
Unit Award, while he was a member of the unit.  He is entitled to these
unit awards and it would be appropriate to add them to his DD Form 214 at
this time.

BOARD VOTE:

fe______  lds  _____  rtd  _____  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.  showing the applicant was awarded the Purple Heart, with two oak
leaf clusters, and issuing him two oak leaf clusters;

      b.  awarding the applicant four bronze service stars to be affixed to
his Vietnam Service Medal, to denote his participation in four campaigns
while he
served in Vietnam and, to be shown on his DD Form 214 as the Vietnam
Service Medal, with four bronze service stars; and


      c.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation; the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation; and the Valorous Unit Award and adding
these unit awards to his DD Form 214.





            ____Fred Eichorn____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004102020                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041014                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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