RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 November 2005
      DOCKET NUMBER:  AR20050003145


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 correction of his military service records to
show he was awarded two Purple Hearts.

2.  The applicant states, in effect, that he was wounded on two occasions
while serving in Vietnam, but was informed by the National Personnel
Records Center that the awards are not documented in his military service
records.

3.  The applicant provides a self-authored statement, a letter from a
National Service Officer of the Department of Veterans Affairs, dated 30
September 1999; Department of Veterans Affairs, St. Paul Regional Office,
Rating Decision, dated 27 September 1999; and the first page of a letter,
dated 9 December 1987, regarding the applicant's entitlement to service
connected disability.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 September 1971, the date of his separation from active duty.
 The application submitted in this case is dated 17 February 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's military service record shows that he was inducted into
the U.S. Army on 17 September 1969.  Upon completion of basic combat
training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 16F (Light Artillery Crewman).

4.  The applicant's military service record shows that he was assigned to
Battery G, 55th Artillery, 196th Light Infantry Brigade, 23rd Infantry
(Americal) Division in Vietnam, from 29 February 1970 through 16 October
1970.  He was honorably separated from the U.S. Army on 10 September 1971
after serving on active duty for a total of 1 year, 11 months, and 24 days.

5.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), that he was awarded the National
Defense Service Medal, Army Commendation Medal, Vietnam Service Medal with
2 bronze service stars, Republic of Vietnam Campaign Medal with 1960
Device, and Expert Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 17
February 1970 through 17 October 1970.  Item 39 (Campaigns) of this
document shows that he participated in one (unnamed) campaign.

7.  The applicant's name is listed once on The Adjutant General, Casualty
Division's, Vietnam Casualty Roster as being wounded as a result of hostile
action on 8 June 1970.  The applicant's DA Form 20 contains two entries in
Item 40 (Wounds) which read as follows: "RW (R) Side Fragment Wound Right
Side, 8 Jun 70" and "FW (R) Knee Fragment Wound Right Knee, 13 Oct 70".
The Purple Heart is not listed in Item 41 (Awards and Decorations);
however, the applicant's records contain a copy of Headquarters, 27th
Surgical Hospital (Vietnam), General Order Number 140, dated 16 October
1970, which shows the applicant was awarded the Purple Heart for wounds
received in action on
13 October 1970.  The applicant's records also contains a copy of a message
from the Commanding General, U.S. Army Vietnam, dated 18 October 1970,
which shows the applicant was reassigned as a medical evacuee to the
249th General Hospital for further hospital treatment on 17 October 1970.

8.  In support of his application, the applicant provides a self-authored
statement summarizing two incidents, which occurred in June 1970 and
October 1970, in which he states he was wounded in action.  He also
provides documentation relating to the Department of Veterans Affairs
rating decisions regarding a shell fragment wound to his right knee, which
was evaluated at 30 percent disabling.

9.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

10.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  His records to not contain any adverse information and
there also is no evidence the applicant was disqualified by his chain of
command from receiving the Good Conduct Medal.


11.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the following campaigns:  Vietnam Winter-Spring 1970, DA Sanctuary
Counteroffensive, and Vietnam Counteroffensive Phase VII; a total of three
campaigns.

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 that, at the time of the
applicant's assignment to Battery G, 55th Artillery, 196th Light Infantry
Brigade (Vietnam), the unit was awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation by Headquarters, Department of the Army,
General Orders Number 42 (1972).

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
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 Army regulation also states, in pertinent part,
that the first oak leaf cluster is awarded to denote the second and
succeeding awards of certain decorations, among which is the Purple Heart.
There is no statute of limitations governing requests for award of the
Purple Heart.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service.  After 27 June 1950 to the present time, the
current standard for award of the Good Conduct Medal is 3 years of
qualifying service, but as little as one year is required for the first
award in those cases when the period of service ends with the termination
of Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign.


16.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

17.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to
28 March 1973.  Both the month of arrival and the month of departure from
Vietnam are counted as whole months for credit toward the Overseas Service
Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to two awards of the Purple
Heart because he was wounded in action in Vietnam in June and October of
1970.  The applicant provides a self-authored statement and disability
rating documentation from the Department of the Veterans Affairs to support
his assertion.

2.  There is no evidence the applicant was awarded the Purple Heart for
wounds as a result of hostile action on 8 June 1970.  The Adjutant General,
Casualty Division's, Vietnam Casualty Roster lists the applicant as being
wounded as a result of hostile action on 8 June 1970.  The incident is also
documented in Item 40 (Wounds) of the applicant's Enlisted Qualification
Record.  Therefore, the applicant is entitled to award of the Purple Heart
for wounds received in action on 8 June 1970.

3.  The evidence of records shows that the applicant was wounded as a
result of hostile action on 13 October 1970 and the wound required medical
treatment.  The incident was made a matter of official records as
documented in Item 40 (Wounds) of the applicant's Enlisted Qualification
Record.  In addition, General Orders were published announcing award of the
Purple Heart for wounds received in action on 13 October 1970.  Therefore,
the applicant is entitled to have his records corrected to show award of
the Purple Heart (1st Oak Leaf Cluster).
4.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 17 September 1969 through 10 September 1971 based on
completion of a period of qualifying service ending with the termination of
a period of Federal military service.  Therefore, he is entitled to
correction of his records to show this award.

5.  Records show that the applicant served in three campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of
three bronze service stars to be affixed to his Vietnam Service Medal.

6.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

7.  Records show that the applicant served a total of 9 months in Vietnam.
Therefore, he is entitled to correction of his records to show award of one
(1) Overseas Service Bar.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 September 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
9 September 1974.  Although the request was not submitted within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file based on the fact that there is no statute of limitations on
requests for award of the Purple Heart.

BOARD VOTE:

___LE___  __JED__  ___JRM__  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 the applicant the Purple Heart for wounds received in
action on 8 June 1970;

      b.  amending Headquarters, 27th Surgical Hospital (Vietnam) General
Order Number 140, Paragraph 1, dated 16 October 1970, pertaining to the
applicant to show award of the Purple Heart (1st Oak Leaf Cluster);

      c.  awarding the applicant the Good Conduct Medal for the period
17 September 1969 through 10 September 1971;

      d.  correcting his DD Form 214 to delete the Vietnam Service with
2 bronze service stars; and

      e.  correcting his DD Form 214 to add:  Purple Heart (1st Oak Leaf
Cluster), Good Conduct Medal, Vietnam Service Medal with 3 bronze service
stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
1 Overseas Service Bar.




                               ____ Lester Echols ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003145                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051117                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19710910                                |
|DISCHARGE AUTHORITY     |AR 635-200, Paragraph 5-3               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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