RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           16 November 2004
      DOCKET NUMBER:  AR2004105434


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |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, in effect, that his record be corrected by
adding
two awards of the Purple Heart (PH).

2.  The applicant states, in effect, that he was wounded in action twice
while serving in the Republic of Vietnam (RVN).  He further states he was
medically evacuated to Fitzsimmons General Hospital (FGH), Denver,
Colorado, after being wounded in action the second time.

3.  The applicant provides a copy of his separation document (DD Form 214)
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 16 August 1968.  The application submitted in this case is
dated
20 January 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.  The applicant’s record shows he was inducted into the Army and entered
active duty on 17 August 1966.  He was trained in and awarded military
occupational specialty (MOS) 11B (Infantryman) and the highest rank he
attained while serving on active duty was specialist four (SP4).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 27 April 1967 through 7 January 1968.  It further
shows that during his RVN tour, he was assigned Troop B, 1st Squadron, 9th
Cavalry Regiment, 1st Cavalry Division, performing duties in MOS 11B as a
rifleman.

5.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows he
was hospitalized and became a patient at the 249th General Hospital on
25 December 1967 and that he was medically evacuated to FGH, Denver,
Colorado and arrived there as a patient on 10 January 1968.
6.  Item 40 (Wounds) of the applicant’s DA Form 20 contains two entries
that indicate he received a fragmentation wound to the right knee on 26
June 1967 and a fragmentation wound to the right hand on 6 December 1967.
Item 41 (Awards and Decorations) shows he earned the following awards
during his active duty tenure:  National Defense Service Medal (NDSM),
Combat Infantryman Badge (CIB), RVN Campaign Medal with 60 Device, Vietnam
Service Medal (VSM), Air Medal (AM), Aircraft Crewmember Badge, and
Sharpshooter Qualification Badge with Rifle Bar.

7.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of Headquarters, 67th Evacuation Hospital General Orders Number 142,
dated
29 June 1967.  These orders awarded the applicant the PH, for being wounded
in action on 26 June 1967.

8.  On 16 August 1968, the applicant was honorably released from active
duty after completing a total of 2 years of active military service.  Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time
shows he earned the following awards during his active duty tenure:  NDSM,
VSM, CIB, RVN Campaign Medal with 60 Device, AM, Aircraft Crewmember Badge,
Sharpshooter Qualification Badge with Rifle Bar and Overseas Bar.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to award of the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that the wound for
which the award is being made was received as a result of enemy action, the
wound must have required medical treatment and the medical treatment must
have been made a matter of official record.  The regulation also stipulates
that the PH is authorized for the first wounding in action, but for each
subsequent award an Oak Leaf Cluster will be awarded to be worn on the
medal or ribbon.

10.  Paragraph 2-13 of the awards regulation contains guidance on award of
the Vietnam Service Medal.  It states, in pertinent part, that a bronze
service star is authorized with this award for each RVN campaign a member
is credited with participating in while serving in the RVN.
11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (Troop B, 1st Squadron, 9th
Cavalry Regiment,
1st Cavalry Division) earned the Valorous Unit Award and RVN Gallantry
Cross with Palm Unit Citation.  It further shows that based on the dates of
his service
in the RVN, the applicant was credited with participating in the Vietnam
Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.


DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to support award of the PH, there must be
evidence to show a member was wounded in action, was treated for the wound
and a record of this treatment must have been made a matter of official
record.

2.  In this case, the evidence of record includes orders awarding the
applicant the first award of the PH for being wounded in action on 26 June
1967.  It also contains DA Form 20 entries that confirm he was wounded in
action a second time on 6 December 1967 and as a result, he was medically
evacuated from the RVN.  These documents and record entries clearly show
the applicant was wounded in action on two separate occasions while serving
in the RVN.

3.  In this case, the evidence of record satisfies the regulatory burden of
proof necessary to support award of the PH and PH 1st Oak Leaf Cluster.
Thus, it would be appropriate to award the applicant the PH 1st Oak Leaf
Cluster, for being wounded in action in the RVN on 6 December 1967 and to
correct his record and separation document to show he received two awards
of the PH.

4.  The record also confirms that based on his service and campaign
participation in the RVN, the applicant is entitled to the Valorous Unit
Award, RVN Gallantry Cross with Palm Unit Citation and 2 bronze service
stars with his Vietnam Service Medal.  Thus, it would also be appropriate
to add these awards to his record at this time.

BOARD VOTE:

___MHM_  __ECP__  ___RR_ _  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 showing he was awarded the Purple
Heart, for being wounded in action in the RVN on 26 June 1967; by awarding
him the Purple Heart 1st Oak Leaf Cluster, for being wounded in action in
the RVN on
6 December 1967; by showing that based on his RVN service and campaign
participation, he is entitled to the Valorous Unit Award, Republic of
Vietnam Gallantry Cross with Palm Unit Citation and 2 bronze service stars
with his Vietnam Service Medal; and by providing him a corrected separation
document that includes these awards.




            ____Melvin H. Meyer ____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004105434                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/11/16                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/08/16                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  61   |107.0015                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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