RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           29 September 2005
      DOCKET NUMBER:  AR20050004046


      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. Antoinette Farley             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 correction of his records to show two awards of
the Purple Heart [correctly known as the Purple Heart (First Oak Leaf
Cluster)].

2.  The applicant states that he received two Purple Hearts, not one.  He
further states that he believes that his record does not truly reflect his
service to his country.

3.  The applicant provides in support of his case two award certificates,
dated 8 March 1967 and 9 October 1967, one for each Purple Heart he
received.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 May 1968, the date of his separation from the Army.  The
application submitted in this case is dated 9 March 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 into the Regular Army on 24 May 1966.  After
completion of basic and advanced individual training, he was awarded
military occupational specialty 11B (Light Weapons Infantry).  He was
further assigned to Company C, 2nd Battalion, 47th Infantry of the 9th
Infantry Division, in Vietnam.  He served overseas in the Republic of
Vietnam from 10 January 1967 through 6 January 1968.  The applicant was
honorably separated from active duty on 23 May 1968.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form
214 shows that he was authorized one Purple Heart, the first award of the
Good Conduct Medal, the Vietnam Service Medal, the Combat Infantryman
Badge, the National Defense Service Medal, the Vietnam Campaign Medal with
Device 60.  It does not show the Purple Heart (First Oak Leaf Cluster).
5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in
item 40 (Wounds) "Severed finger from Shrapnel" received on "28 Feb 1967"
[28 February 1967].

6.  The applicant's military service record contains General Orders Number
147, dated 8 March 1967, which awarded the applicant the Purple Heart for
wounds received in connection with military operations against a hostile
force, date of action is 27 February 1967.

7.  The Vietnam Casualty Roster contains two entries which show the
applicant was wounded on 27 February 1967 and 9 October 1967 as a result of
hostile action.

8.  The applicant provides in support of his application two certificates
for award of the Purple Heart for wounds received in action on 27 February
1967 and the second certificate was issued on 9 October 1967.

9.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

10.  Army Regulation 600-8-22 states, that the bronze oak leaf cluster is
awarded to denote the second and succeeding awards of certain decorations,
among which are the Purple Heart, the Bronze Star Medal, and the Army
Commendation Medal.

11.  Review of the applicant's records indicates entitlement to additional
awards and decorations that are not shown on his DD Form 214.

12.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
award of one Purple Heart.  Item 41 of his DD Form 20 also shows that he
was awarded one bronze service star for wear on the Vietnam Service Medal,
the first award of the Good Conduct Medal, the Expert Marksmanship
Qualification Badge with Rifle Bar (M-14), the Sharpshooter Qualification
Badge with Rifle Bar (M-14), and the Overseas Service Bar.  These awards
are not shown on his DD Form 214.

13.  The applicant's DD Form 214 shows award of the Vietnam Service Medal
as an authorized award.  However, there is no evidence the applicant
received credit for campaign participation during his service in Vietnam.

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, which in this case is
the Vietnam Service Medal.

15.  The appendix shows he participated in two campaigns the Vietnam
Counteroffensive Phase II and the Vietnam Counteroffensive Phase III.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) list the unit awards received by units
serving in Vietnam.  This document shows that the applicant was assigned to
Company C, 2nd Battalion, 47th Infantry of the 9th Infantry Division which
was cited for award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation by Department of the Army General Orders (DAGO) Number 31,
dated 1969 and the Republic of Vietnam Civil Actions Honor Medal, First
Class Unit Citation by DAGO Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show
award of two Purple Hearts.

2.  Evidence of record shows that the applicant was wounded twice as a
result of hostile action and underwent medical treatment on 27 February
1967 and on 9 October 1967.  Based on the applicant's personnel records and
the Republic of Vietnam Casualty Listing, it is concluded that there is
sufficient evidence to substantiate an additional award of the Purple Heart
for wounds he received on 9 October 1967, in Vietnam.

3.  Records show that the applicant participated in two campaigns during
his service in Vietnam.  Therefore, he is eligible for award of two bronze
service stars to be affixed to his Vietnam Service Medal.

4.  General Orders awarded the applicant the Republic of Vietnam Gallantry
Cross with Palm Unit Citation which is not shown on his DD Form 214.
Therefore, he is entitled to have his records corrected show this foreign
unit award.

5.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  This
award was omitted from his DD Form 214.  Therefore, the applicant is
entitled to correction of his DD Form 214 to add this foreign unit award.

6.  The applicant's personnel records show that he was authorized award of
the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying
with the M-14 Rifle, the Sharpshooter Qualification Badge with Rifle Bar
for qualifying with the M-14 Rifle, and the Overseas Service Bar which are
not shown on his DD Form 214.  Therefore, the applicant is entitled to
correction of his DD Form 214 to add these awards and badges.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 May 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 22 May 1971.  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:

_LE_____  _LH ___  _PMS____  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 waive 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: award of the Purple Heart
(First Oak Leaf Cluster); the Republic of Vietnam Gallantry Cross with Palm
Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First
Class Unit Citation; two bronze service stars for wear on his Vietnam
Service Medal; the Expert Marksmanship Qualification Badge with Rifle Bar
(M-14); the Sharpshooter Qualification Badge with Rifle Bar (M-14) and the
Overseas Service Bar.




                   _Lester Echols___
                    CHAIRPERSON
      INDEX

|CASE ID                 |AR20050004046                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/29                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

-----------------------
[pic]