RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           29 September 2005
      DOCKET NUMBER:  AR20050002398


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. Leonard Hassell               |     |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, two awards of the Purple Heart
(correctly known as the Purple Heart with First Oak Leaf Cluster).

2.  The applicant states, in effect, he is entitled to two awards of the
Purple Heart, one award for loss of hearing to his left ear due to mortar
concussions and one award for a shrapnel wound to his shoulder from a land
mine explosion.  He contends while serving as a combat medic he evacuated
14 of 19 personnel in 15 hours in Vietnam and that his wounds were nothing
compared to those he evacuated.

3.  The applicant provides a DD Form 215 (Correction to DD Form 214), dated

30 January 1981; a DD Form 214 (Report of Transfer or Discharge) for the
period ending 23 February 1972; a Department of Veterans Affairs (DVA)
Rating Decision, dated 8 October 1999; a DVA letter, dated 4 October 1972;
a clinical record, dated 11 August 1971; a DVA Rating Decision, dated 28
September 1972; a DA Form 3349 (Medical Condition – Physical Profile
Record), dated
15 September 1971; and a letter, dated 28 January 2005, from a Member of
Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
23 February 1972.  The application submitted in this case is dated 28
January 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 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 on 17 July 1969 for a period of 3 years.  He
served as a medic assigned to Headquarters and Headquarters Company, 1st
Battalion, 501st Infantry in Vietnam from 27 June 1971 through 27 January
1972.  He was assigned to the 3rd Field Hospital in Vietnam from 28 January
1972 through
22 February 1972.  On 23 February 1972, the applicant was released from
active duty.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Vietnam Campaign Medal, the Parachutist
Badge, the Good Conduct Medal, and the Bronze Star Medal as authorized
awards.

5.  There are no orders for the Purple Heart in the available records.
However, item 40 (Wounds) on the applicant's DA Form 20 (Enlisted
Qualification Record) shows he was wounded on 11 August 1971 in his right
rear shoulder.

6.  The applicant provided a clinical record, dated 11 August 1971, which
shows that he was admitted to the hospital after falling and hitting his
head.  This medical record also shows that he had open cuts on his rear
back, that he was diagnosed with a mild concussion, and that he had
fragments in his right rear shoulder.

7.  The applicant's name does not appear on the Vietnam Casualty Roster.

8.  On 22 February 1972, the applicant underwent a separation physical
examination and was found qualified for separation.  This medical record
also shows the applicant had significant hearing loss due to a grenade
blast.  However, there is no evidence which shows his hearing loss is the
result of hostile action.

9.  The applicant also provided DVA documentation which shows that he was
granted service connected disability compensation for tinnitus; bilateral
hearing loss due to a blast concussion; a scar, shell fragment wound, right
rear shoulder; and fracture, right malleoulus with traumatic arthritis.


10.  There is no evidence in the available records which shows the
applicant was wounded a second time as a result of hostile action in
Vietnam.

11.  Records show the applicant participated in four campaigns during his
assignment in Vietnam.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the applicant's unit (Headquarters
and Headquarters Company, 1st Battalion, 501st Infantry) is entitled to
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 6, dated 1974.

13.  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.  The
bronze oak leaf cluster is awarded to denote the second and succeeding
awards of certain decorations, among which is the Purple Heart.

14.  Army Regulation 600-8-22, in pertinent part, authorizes 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.

DISCUSSION AND CONCLUSIONS:

1.  The entry in item 40 on the applicant’s DA Form 20 and the clinical
record (dated 11 August 1971) are accepted as sufficient evidence on which
to base one award of the Purple Heart.  The DVA documentation provided by
the applicant does not show that his hearing loss was the result of hostile
action.  There is no evidence of record which shows that the applicant was
wounded as a result of hostile action on any date other than 11 August 1971
in Vietnam.  Therefore, the applicant is entitled to one award of the
Purple Heart and correction of his DD Form 214 to show this award.

2.  The applicant participated in four campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.

3.  The applicant’s unit (Headquarters and Headquarters Company, 1st
Battalion, 501st Infantry) was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation while he was assigned to it.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 23 February 1972; therefore, the time for the
applicant to file a request for correction of any error expired on 22
February 1975.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

LE____  _PS______  LH______  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:

      a.  awarding him the Purple Heart for wounds received in action on
11 August 1971 in Vietnam; and

      b.  amending his DD Form 214 for the period ending 23 February 1972
to add award of the Purple Heart and to show that he was awarded the
Vietnam Service Medal with four bronze service stars and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.

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.



            ___Lester Echols_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002398                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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