RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            29 June 2004
      DOCKET NUMBER:   AR2004105444


      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. Michael J. Fowler             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Samuel A. Crumpler            |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Linda M. Barker               |     |Member               |


      The applicant and counsel if any, did not appear before the Board.

      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, correction of his Purple Heart
certificate to show Purple Heart (First Oak Leaf Cluster) and any
additional awards that he may be entitled.

2.  The applicant states, in effect, that he was wounded twice by hostile
action and was awarded two Purple Hearts for these injuries.  The applicant
further states that he did not receive the Purple Heart Certificate which
shows award of the Purple Heart (First Oak Leaf Cluster).

3.  The applicant provides a self authored statement, dated 21 February
2004; an DD Form 214 (Armed Forces of the United States Report of Transfer
or Discharge) with an effective date of 30 April 1969; a photograph of the
applicant, a copy of his Purple Heart Certificate dated 12 February 1968,
and a picture of the 4th Battalion, 47th Infantry unit patch.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
30 April 1969, the date of his separation.  The application submitted in
this case is, dated 25 February 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 was inducted on 1 May 1967.  He was awarded the military
occupational specialty (MOS) 11B10 (Light Weapons Infantryman) after
completing advanced individual training, at Fort Jackson, South Carolina.

4.  The applicant's service records show that he was assigned to Company E,

4th Battalion, 47th Infantry, 9th Infantry Division in Vietnam from 24
September 1967 through 23 February 1968.  On 30 April 1969, the applicant
was honorably released from active duty in the rank of specialist four/pay
grade E-4.

5.  Headquarters, 36th Evaluation Hospital General Order Number 18, dated
9 February 1968, shows that the applicant was awarded the Purple Heart
(First Oak Leaf Cluster) for wounds received in action on 30 January 1968.

6.  The applicant's Department of the Army (DA) Form 20 (Enlisted
Qualification Record) shows in block 41 (Awards and Decorations) that the
applicant was awarded the Purple Heart (First Oak Leaf Cluster).

7.  This DA Form 20 also shows in block 40 (Wounds) that the applicant
sustained fragments wounds to the abdomen, legs and upper extremities.

8.  The applicants DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) with an effective date of 30 April 1969, shows in
block 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) that the applicant was awarded the
Purple Heart (First Oak Leaf Cluster).

9.  Review of the applicant's records indicates entitlements to additional
awards and decorations that are not shown on his DD Forms 214.

10.  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, and the medical treatment must have been made a matter of
official record.  This regulation also provides that there is no statute of
limitations on request for award of the Purple Heart.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 4th Battalion, 47th Infantry, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation based on Headquarters Department of the Army General Orders
Number 59, dated 1969.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 4th Battalion, 47th Infantry, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Headquarters Department of the Army General Orders Number
31, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested an award certificate to show that he received
the Purple Heart (First Oak Leaf Cluster).

2.  The applicant's records correctly reflect that he was awarded the
Purple Heart on two occasions.  Therefore, it would be appropriate to
reissue the Purple Heart Certificate to show Purple Heart (First Oak Leaf
Cluster).

3.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 April 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
29 April 1972.  Although, the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
in this case.

BOARD VOTE:

__SAC___  _LE____  _LB_____ GRANT 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 the individual concerned be issued a
certificate for award of the Purple Heart (First Oak Leaf Cluster) for
wounds received during hostile action on 30 January 1968, and that his
Department of the Army records be corrected by showing awarded of the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and
the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




              ___Samuel A. Crumpler_
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004105444                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/06/29                              |
|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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