RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2005
      DOCKET NUMBER:  AR20050004700


      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. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 four awards of the Purple Heart, the Bronze Star
Medal, the Army Commendation Medal, and the Republic of Vietnam Gallantry
Cross with Silver Star.

2.  The applicant states, in effect, that the awards are not recorded on
his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

3.  The applicant provides a copy of his DD Form 214, a certificate and
citation for the Bronze Star Medal, a citation for the Army Commendation
Medal, a letter relating to the authorization for individual foreign award,
and copies of documents relating to two injuries received in April 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 April 1969, the date of his discharge from the United States
Army.  The application submitted in this case is dated 15 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.  Military records show that the applicant enlisted in the Regular Army
on
15 April 1966.  After completion of basic combat training and advanced
individual training, the applicant was awarded military occupational
specialty 11B (Light Weapon Infantryman).

4.  On 22 July 1967, the applicant was assigned to Troop A, 17th Cavalry,
1st Brigade, 101st Airborne Division in Vietnam.  He was subsequently
assigned to Troop A, 2nd Squadron, 17th Cavalry, Aviation Brigade, from 31
October 1967 through 9 March 1968; and then to Troop B, 2nd Squadron, 17th
Cavalry, Aviation Brigade, from 10 March 1968 through 15 July 1968.  He was
separated from active duty on 14 April 1969 under honorable conditions.

5.  The applicant's DD Form 214, with an effective date of 14 April 1969,
shows that he was awarded the National Defense Service Medal, the Vietnam
Campaign Medal, two Overseas Service Bars, the Combat Infantryman Badge,
the Vietnam Service Medal with two campaign stars, the Good Conduct Medal,
and Parachutist Badge.

6.  The applicant's records contain 101st Airborne Division, General Orders
Number 1546, dated 16 June 1968, that show the applicant was awarded the
Purple Heart for wounds received in action on 17 February 1968.

7.  The applicant's records also contain 101st Airborne Division, General
Orders Number 1790, dated 19 June 1968, that show the applicant was awarded
the Purple Heart for wounds received in action on 8 April 1968.

8.  The applicant's records contain U.S. Army Vietnam casualty message,
dated
27 April 1968, that shows the applicant received wounds to his chest and
face on 24 April 1968, as a result of hostile actions.

9.  The applicant's DA Form 20 (Enlisted Qualification Record), item 40
(Wounds), shows the following entries, "BROKEN RING FINGER - L/HAND, 17 Feb
68; FRAGW L/LEG, 8 Apr 68; and FWND CHEST & FACE, 24 Apr 68".

10.  The applicant's records contain Standard Form 89 (Report of Medical
History), dated 11 March 1969, that was completed in conjunction with his
separation processing.  In response to item 33 (Have you ever had any
illness or injury other than those already noted?  (If yes, specify when,
where, and give details.), the applicant indicated, "Wounded in Vietnam,
right arm and left hand".  In item 39 (Physician's Summary and Elaboration
of All Pertinent Data), the examining physician entered, "Shrapnel wounds R
hand,"

11.  The applicant's name is listed twice on the Vietnam War Casualty
Roster for wounds received on 17 February 1968 and 24 April 1968.

12.  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.  There is no statute of limitations governing requests for
award of the Purple Heart.  An Oak Leaf Cluster is worn on the medal or
ribbon to denote each subsequent award.

13.  The applicant's military service records do not contain any general
orders or evidence that he was awarded the Bronze Star Medal.  However, the
applicant provided a copy of a Bronze Star Medal citation and award
certificate issued by the Commanding General, 101st Airborne Division,
dated 22 October 1968.

14.  Coordination with the Department of the Army, Military Awards Branch,
revealed that there are no general orders on file pertaining to the 101st
Airborne Division for the Vietnam-era, prior to 14 March 1969.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is awarded in time of war for heroism and for meritorious
achievement or service.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required. Recommendations must be made within 2 years of the
event or period of service and the award must be made within 3 years.

16.  The applicant's military service records do not contain any general
orders or evidence that he was awarded the Army Commendation Medal.
However, the applicant provides a copy of an Army Commendation Medal
citation.

17.  Applicant's request for award of the Army Commendation Medal is
governed by Title 10, United States Code, Section 1130.  Since the
applicant has not exhausted his administrative remedy, the ABCMR cannot
take any further action at this time on his request for award of the Army
Commendation Medal.  However, the applicant has been advised by separate
correspondence of the procedures for requesting award of the Army
Commendation Medal under the provisions of Section 1130.  As a result, the
request for award of the Army Commendation Medal is not discussed further
in this Record of Proceedings.

18.  The applicant's records contain a copy of Headquarters, United States
Army Vietnam letter, subject:  Authorization for Individual Foreign Award,
which authorized the applicant to accept and wear the Gallantry Cross with
Silver Star, which was presented to the applicant by the Government of the
Republic of Vietnam.

19.  The applicant's DA Form 20, item 39  (Campaigns), shows that he
participated in two campaigns.




20.  Army Regulation 600-8-22, Appendix B (Campaigns, Service Requirements,
and Inscriptions Prescribed for Streamers) lists campaigns during the
Vietnam Conflict.  This document shows that, at the time of the applicant's
assignment to the 17th Cavalry, 101st Airborne Division, it participated in
the Vietnam Counteroffensive Phase III, Tet Counteroffensive, Vietnam
Counteroffensive Phase IV, and Vietnam Counteroffensive V; for a total of
four campaigns.

21.  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 service star is worn on the
Vietnam Service Medal to denote an additional award for participation in a
campaign.

22.  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 the 2nd Squadron, 17th Cavalry, the unit was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Department of the Army General Orders Number 21, dated 1969.

23.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to Troop A, 2nd Squadron, 17th Cavalry, the unit was
cited for award of the Valorous Unit Award by Headquarters, Department of
the Army, General Orders Number 1, dated 1969.

24.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Valorous Unit Award to units of the Armed Forces of the United States for
extraordinary heroism in action against an armed enemy of the United States
while engaged in military operations involving conflict with an opposing
foreign force or while serving with friendly foreign forces engaged in an
armed conflict in which the United States is not a belligerent party for
actions occurring on or after 3 August 1963.  This award requires a lesser
degree of gallantry, determination, and esprit de corps than required for
the Presidential Unit Citation.  Nevertheless, the unit must have performed
with marked distinction under difficult and hazardous conditions in
accomplishing its mission so as to set it apart from and above other units
participating in the same conflict.  The degree of heroism required is the
same as that which would warrant award of the Silver Star to an individual.

25.  Item 24 of the applicant's DD Form 214 does not show award of the
Purple Heart, Bronze Star Medal, Republic of Vietnam Gallantry Cross with
Silver Star, the Republic of Vietnam Gallantry Cross with Palm, or Valorous
Unit Award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to four awards of the Purple
Heart for wounds received on four separate occasions, the Bronze Star
Medal, and the Gallantry Cross with Silver Star.

2.  General Orders awarded the applicant the Purple Heart on two separate
occasions (i.e., 17 February 1968 and 8 April 1968) and records support the
award of a third Purple Heart for wounds in action on 24 April 1968.
Therefore, he is entitled to correction of his records to show three awards
of the Purple Heart (i.e., Purple Heart with two oak leaf clusters).

3.  There is insufficient evidence in the military service records to
support the applicant's entitlement to a fourth award of the Purple Heart.

4.  A Bronze Star Medal Certificate was issued to the applicant for
achievement for the period 1 January 1968 to 31 August 1968, by the
Commanding General, 101st Airborne Division, on 22 October 1968.
Therefore, he is entitled to correction of his records to show award of the
Bronze Star Medal for achievement.

5.  Documentation authorized the applicant to accept and wear the Gallantry
Cross with Silver Star, which was presented to him by the Government of the
Republic of Vietnam.  Therefore, he is entitled to correction of his
records to show award of the Republic of Vietnam Gallantry Cross with
Silver Star.

6.  Records show that the applicant served in four campaigns in Vietnam;
therefore, he is entitled to correction of his records to show award of
four bronze service stars to be affixed to his Vietnam Service Medal.

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

8.  General Orders awarded the applicant the Valorous Unit Award.
Therefore, it would be appropriate to correct his records to show this unit
award.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 April 1969, the date of his
discharge; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 13 April 1972.  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

___MHM_  __JTM__   __JBG__  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 to show three awards of
the Purple Heart; the Bronze Star Medal; the Vietnam Service Medal with
four bronze service stars; the Republic of Vietnam Gallantry Cross with
Silver Star; the Republic of Vietnam Gallantry Cross with Palm; and the
Valorous Unit Award.

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 fourth award of the Purple Heart.




                            _____Melvin H. Meyer______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004700                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19690414                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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