RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 September 2005
      DOCKET NUMBER:  AR20050004730


      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. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. 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 correction of his records to show award of the
Purple Heart (Bronze Oak Leak Cluster), the Bronze Star Medal with "V"
Device, the Republic of Vietnam Campaign Medal, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation,
the Meritorious Unit Commendation, the Valorous Unit Award, and three
bronze service stars.

2.  The applicant states, in effect, that the above awards are missing from
his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

3.  The applicant provides a memorandum from the National Personnel Records
Center, dated 10 January 2005; a DD Form 214 with the period ending
15 November 1968; and Headquarters, 9th Infantry Division General Orders
2102, dated 2 April 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 15 November 1968.  The application submitted in this case is dated 18
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 in the Army on 17 November 1966 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 11B (Light Weapons
Infantryman).

4.  The applicant arrived in Vietnam and was assigned to B Company, 2nd
Battalion, 39th Infantry on or about 9 May 1967.  He departed Vietnam on
28 April 1968 after participating in four campaigns.

5.  Headquarters, 9th Infantry Division General Orders 5110, dated 2
October 1967, show that the applicant was awarded the Purple Heart for
wounds received in connection with military operations against a hostile
force on 19 September 1967.
6.  Headquarters, 9th Infantry Division General Orders 2102, dated 2 April
1968, show that the applicant was awarded the Bronze Star Medal with "V"
Device for heroism on 11 January 1968.

7.  Headquarters, 9th Infantry Division General Orders 4192, dated 4 June
1968, show that the applicant was awarded the Bronze Star Medal for
meritorious service for the period 14 May 1967 through 1 May 1968.

8.  The applicant was honorably released from active duty on 15 November
1968 and transferred to the U.S. Army Reserve.

9.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign
Medal, the Purple Heart, the Bronze Star Medal, the Army Good Conduct
Medal, the Combat Infantryman Badge, and the Sharpshooter Marksmanship
Qualification Badge (Rifle).

10.  There are no general orders in the applicant’s service personnel
records that show he was awarded the Purple Heart (Bronze Oak Leaf
Cluster).

11.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) shows the entry "Frag WD R Leg From B-Trapped Grenade 19 Sep 67."
Item 41 (Awards and Decorations) does not show award of the Purple Heart
(Bronze Oak Leaf Cluster).

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 the 2nd Battalion, 39th Infantry, it was cited
for award of the Presidential Unit Citation for the period 7 March 1968
through 22 June 1968 based on Headquarters, Department of the Army General
Orders Number 60, dated 1969.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 2nd Battalion, 39th Infantry, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 1 December 1966 through 30 June 1968 based on
Headquarters, Department of the Army General Orders Number 31, dated 1969.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 2nd Battalion, 39th Infantry, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 19 December 1966 through 28 June 1969 based on
Headquarters, Department of the Army General Orders Number 59, dated 1969.
15.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 2nd Battalion, 39th Infantry, it was cited
for award of the Valorous Unit Award for the period 1 February 1968 through
3 February 1968 based on Headquarters, Department of the Army General
Orders Number 42, dated 1969.

16.  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.  This regulation also provides that there is no statute of
limitations on a request for award of the Purple Heart.  The bronze oak
leaf cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Purple Heart.

17.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the Purple Heart for
wounds received on 19 September 1967.  There are no orders in the
applicant's service personnel records which show that he was awarded the
Purple Heart (Bronze Oak Leak Cluster).  There is no evidence in the
available records and the applicant has not provided evidence that shows he
was wounded or treated for wounds as a result of hostile action a second
time.

2.  In the absence of military records which show the applicant was injured
a second time as a result of hostile action, there is an insufficient basis
for award of the Purple Heart (Bronze Oak Leaf Cluster) in this case.

3.  Evidence of record shows the applicant was awarded the Bronze Star
Medal with "V" Device (1st Oak Leaf Cluster).  This award should be added
to his DD Form 214.

4.  The applicant's unit does not appear on the unit citation register for
award of the Meritorious Unit Commendation.



5.  The applicant was assigned to a unit during a period of time the unit
was awarded the Presidential Unit Citation, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award.
 His participation in four campaigns entitles him to four bronze service
stars to be worn on his Vietnam Service Medal.  These awards should be
added to his DD Form 214.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 November 1968.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 14 November 1971.  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:

________  ________  ________  GRANT FULL RELIEF

__LE____  __ PMS _  __ LGH _  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:

      a.  by deleting the Bronze Star Medal from the applicant's DD Form
214; and
      b.  by amending his DD Form 214 to show award of the Bronze Star Medal
with "V" Device (1st Oak Leaf Cluster), the Presidential Unit Citation, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation, the
Valorous Unit Award, and four bronze service stars to be worn on his
Vietnam Service Medal.



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
award of the Purple Heart (Bronze Oak Leaf Cluster) and the Meritorious
Unit Commendation.




                            ____ Lester Echols _____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004730                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |29 September 2005                       |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0014.0000                           |
|2.                      |107.0015.0000                           |
|3.                      |107.0031.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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