RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050004784


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard Dunbar                |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Mr. Scott Faught                  |     |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 DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show two awards of
the Purple Heart.

2.  The applicant states that it was a clerical error.

3.  The applicant provides a copy of his DD Form 214, general orders
awarding him the Purple Heart and a DA Form 1577 (Authorization for
Issuance of Awards).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 April 1968.  The application submitted in this case is dated
24 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 Army on 5 July 1966.  He completed
the required training and was awarded military occupational specialty 64A
(Light Vehicle Driver).  He was assigned to the 512th Transportation
Company in Vietnam on 27 July 1967.  He was promoted to sergeant on 18
February 1968.

4.  The applicant's name is listed twice on the Vietnam Casualty Roster.
The roster shows he was wounded as a result of hostile action on 2
September 1967 and 2 April 1968.

5.  Headquarters, 1st Logistical Command General Orders Number 367 dated
29 April 1968 awarded the applicant the Purple Heart for wounds received in
action on 2 April 1968.

6.  There are no orders in the applicant's service records which show he
was awarded a second award of the Purple Heart.


7.  The applicant departed Vietnam on 6 April 1968 and was credited for
participation in three campaigns.

8.  The applicant was honorably released from active duty on 19 April 1968.
 His DD Form 214 shows he was awarded the National Defense Service Medal,
the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant’s
assignment to the 512th Transportation Company, this unit was cited for
award of the Meritorious Unit Commendation by Department of the Army
General Orders Number 31, dated 1969.

10.  Headquarters, Department of the Army General Orders Number 8, dated
1974, awarded all units which served in Vietnam the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

11.  Army Regulation 600-8-22 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.

12.  Army Regulation 600-8-22 (Military Awards), 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.  An oak leaf cluster is authorized for wear for each additional
award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam Casualty Roster shows the applicant was wounded on
2 September 1967 as a result of hostile action.  This evidence is
sufficient as a basis for award of the Purple Heart.  Therefore, it would
be appropriate to award him the Purple Heart for wounds received as a
result of hostile action on 2 September 1967.

2.  The Vietnam Casualty Roster shows the applicant was wounded a second
time on 2 April 1968 as a result of hostile action.  Headquarters, 1st
Logistical Command General Orders Number 367 were published on 29 April
1968 which awarded him the Purple Heart for wounds received on 2 April
1968.  It would be appropriate to amend these orders to show he was awarded
the second award of the Purple Heart for wounds received on 2 April 1968
and to correct his DD Form 214 to show he was awarded the Purple Heart
(First Oak Leaf Cluster).

3.  The applicant received credit for participation in three campaigns
during the Vietnam War.  Therefore, his DD Form 214 should be corrected to
show he is entitled to three bronze service stars for wear on his Vietnam
Service Medal.

4.  The applicant was assigned to a unit during a period it was cited for
award of the Meritorious Unit Commendation.  Therefore, his DD Form 214
should be corrected to show this award.

5.  All units in Vietnam were awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 8, dated 1974.  Therefore, this foreign unit award should be
added to the applicant's DD Form 214.

BOARD VOTE:

RD______  JG______  SF______  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:

      a.  by awarding him the Purple Heart for wounds received in action on
2 September 1967;

      b.  by amending that portion of Headquarters, 1st Logistical Command
General Orders Number 367 dated 29 April 1968 pertaining to the individual
concerned to show he was awarded the Purple Heart (First Oak Leaf Cluster)
for wounds received in action on 2 April 1968;



      c.  by adding award of the Purple Heart (First Oak Leaf Cluster), the
Vietnam Service Medal with three bronze service stars, the Meritorious Unit
Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation to his DD Form 214.




                            Richard Dunbar________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004784                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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