RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 September 2005
      DOCKET NUMBER:  AR20050000644


      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. James C. Hise                 |     |Chairperson          |
|     |Mr. Thomas E. O’shaughnessy Jr.   |     |Member               |
|     |Mr. Patrick H. Mcgann Jr.         |     |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 that his records be corrected to show award of
the Purple Heart (2nd Award), the Air Medal, the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

2.  The applicant states, in effect, that he was wounded on 10 April 1970
and that his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) does not show award of the Purple Heart (2nd Award).
 The other awards were never posted to his DD Form 214.

3.  The applicant provides 3 separate applications; four pages of a DA Form
1594 (Daily Staff Journal or Officer's Report), dated 10 April 1970; a
Standard Form 600 (Chronological Record of Medical Care), dated 10 April
1970; page 4 of a DA Form 20 (Enlisted Qualification Record); a letter from
a Congressional Representative, dated 31 August 2004; a three page internet
extract of the history of the 1st Battalion, 506th Infantry, dated 15
September 2004; a letter from The National Personnel Records Center, dated
30 June 2004; and Headquarters, 101st Airborne Division General Orders
Number 7103, dated 22 June 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 26 August 1971.  The application submitted in this case is dated 28
December 2005.

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 on 27 August 1969 and successfully completed
basic training and advanced individual training.  He was awarded military
occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  He
later was reclassified into MOS 71B (Clerk Typist).

4.  The applicant arrived in Vietnam and he was assigned to D Company, 1st
Battalion, 506th Infantry on or about 13 February 1970.  He departed
Vietnam on or about 21 May 1970 after being credited with participating in
two campaigns.

5.  On 26 August 1971, the applicant was honorably released from active
duty and transferred to the United States Army Reserve Control Group.

6.  A DD Form 214 for the period ending 26 August 1971 shows that the
applicant was awarded the Vietnam Service Medal, the Vietnam Campaign
Medal, the Good Conduct Medal, the Combat Infantryman Badge, the
Distinguished Service Cross, the Purple Heart, the National Defense Service
Medal, the Expert Marksmanship Qualification Badge (M-16), the Expert
Marksmanship Qualification Badge (81MM), and the Marksman Marksmanship
Qualification Badge (.45 Caliber).

7.  Item 40 (Wounds) of the applicant's DA Form 20 shows the entries
"Concus. To Both Ears 10 Apr 70" and "Mult. Frag. WDS. Back, Blast Injury
Both Ears 7 May 70.  Item 41 (Awards and Decorations) does not show award
of the Purple Heart (2nd Award).

8.  Headquarters, 67th Evacuation Hospital General Orders 110, dated 10 May
1970 shows the applicant was awarded the Purple Heart for wounds received
in action on 7 May 1970.

9.  There are no orders in the applicant's records that show he was awarded
the Purple Heart (2nd Award).

10.  The applicant submitted a Standard Form 600, dated 10 April 1970.
This medical document shows the applicant was treated for tinnitus [a
sensation of noise (as a ringing or roaring) that is caused by a bodily
condition (as a disturbance of the auditory nerve or wax in the ear) and
typically is of the subjective form which can only be heard by the one
affected] from satchel charge explosions.

11.  The applicant submitted four pages of a DA Form 1594, dated 10 April
1970, prepared by the Intelligence Officer of the 1st Battalion, 506th
Infantry.  The report shows that the applicant's company came under attack
by enemy satchel charges and that D Company reported that some of its
Soldiers suffered busted eardrums and needed medical treatment.

12.  Headquarters, 101st Airborne Division General Orders Number 7103,
dated 22 June 1970, shows that the applicant was awarded the Air Medal for
meritorious achievement while participating in aerial flight on 5 May 1970.
13.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
   U. S. Army Vietnam and its subordinate units during the period 20 July
1965 to 28 March 1973.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 1st Battalion, 506th Infantry it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 3 October 1968 through 2 May 1970 based on
Headquarters, Department of the Army General Orders Number 48, dated 1971.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for 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.

16.  Army Regulation 600-8-22 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
requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant’s service personnel records which
show that he was awarded the Purple Heart (2nd Award).  However, his DA
Form 20 shows he was injured from concussion to both ears on 10 April 1970
before his 7 May 1970 wounds.

2.  The four pages of the DA Form 1594 provided by the applicant shows that
on 10 April 1970, D Company, 1st Battalion, 506th Infantry, was attacked by
hostile forces with satchel charges and that some of its Soldiers suffered
busted eardrums.  Although the applicant was not listed by name, the
Standard Form 600 shows that he received medical treatment for tinnitus on
10 April 1970.

3.  The Board accepts the evidence provided by the applicant, combined with
the entry on his DA Form 20, as sufficient to show he is entitled to award
of the Purple Heart for injuries sustained during hostile action on 10
April 1970 in Vietnam.  Therefore, his DD Form 214 should be amended to add
this award.
4.  The evidence of record confirms that the applicant served in Vietnam.
Therefore, he is eligible for award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.  His participation in two campaigns entitles
him to two bronze service stars to be worn on his Vietnam Service Medal.
His DD Form 214 should be amended to add these awards.

5.  The applicant was assigned to a unit during a period of time this unit
was awarded the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.  Evidence of record shows that the applicant was awarded the
Air Medal.  His DD Form 214 should be amended to add these awards.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 August 1971.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 25 August 1974.  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 based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

BOARD VOTE:

__JCH___  __TEO__  __PHM _  GRANT FULL 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.  awarding him the Purple Heart for wounds sustained on 10 April
1970;

      b.  amending Headquarters, 67th Evacuation Hospital, General Orders
110, dated 10 May 1970 to show award of the Purple Heart (2nd Award); and


      c.  amending his DD Form 214 to show award of the Purple Heart (2nd
Award), the Air Medal, the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, and two bronze service stars to be worn on his Vietnam
Service Medal.




                            ____James C. Hise______
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050000644                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20 September 2005                       |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0015.0000                           |
|3.                      |107.0095.0000                           |
|4.                      |107.0094.0000                           |
|5.                      |                                        |
|6.                      |                                        |


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