RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 November 2005
      DOCKET NUMBER:  AR20050004828


      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. John Slone                    |     |Chairperson          |
|     |Mr. Patrick H. Mcgann Jr.         |     |Member               |
|     |Mr. Larry J. Olson                |     |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 the Purple
Heart (3rd Award).

2.  The applicant states, in effect, that he was wounded three times while
serving in Vietnam.  He states that he was issued a certificate for his 3rd
Purple Heart but the award is not on his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) for the period ending 18
April 1967.

3.  The applicant provides no documentation in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
18 April 1969.  The application submitted in this case is dated 22 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 on 20 April 1967 and successfully completed
basic training and advanced individual training.  He was awarded military
occupational specialty (MOS) 11B (Infantryman).

4.  The applicant arrived in Vietnam and was assigned to A Company, 4th
Battalion, 23rd Infantry on or about 21 September 1967.  He departed
Vietnam on or about 14 September 1968 after being credited with
participating in four campaigns.

5.  On 18 April 1969, the applicant was honorably separated from active
duty in the rank of Specialist Four/E-4 after completing 1 year, 11 months,
and 29 days of creditable active service with no time lost and was
transferred to the United States Army Reserve Control Group.



6.  The applicant's DD Form 214 for the period ending 18 April 1969 shows
he was awarded the Purple Heart (2nd Award), the National Defense Service
Medal, the Combat Infantryman Badge, the Vietnam Service Medal, "Unit
Citations," the Vietnam Campaign Medal, the Sharpshooter Marksmanship
Qualification Badge (M-16 Rifle), and the Expert Marksmanship Qualification
Badge (M-14 Rifle).

7.  There are no general orders in the applicant’s service personnel
records that show he was awarded the Purple Heart (3rd Award).

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) shows the entries "Ruptured Ear Drum 7 Jan 68" and "MFW: FACE, WITH
CORNEAL ABRASIONS (B) EYES 23 Apr 68," and item 41 (Awards and Decorations)
does not show award of the Purple Heart (3rd Award).

9.  The applicant's name appears on the Vietnam Casualty Roster three times
for receiving wounds from hostile forces on 1 January 1968, 3 February
1968, and 22 April 1968.  The first two incidents his casualty status was
listed as hostile wounded in action (not serious/hospitalized).  The latter
incident he was listed as hostile wounded in action (serious/hospitalized).

10.  Headquarters, 25th Infantry Division General Orders Number 185, dated
13 January 1968, show that the applicant was awarded the Purple Heart for
wounds received in connection with military operations against a hostile
force on 7 January 1968.

11.  Headquarters, 25th Infantry Division General Orders Number 961, dated
3 March 1968, show that the applicant was awarded the Purple Heart for
wounds received in connection with military operations against a hostile
force on
3 February 1968.

12.  The applicant's records contain a Western Union telefax, dated 23
April 1968, that was addressed to his parents informing them that their son
had been wounded on 22 April 1968.  He was treated at the 12th Evacuation
Hospital and was being hospitalized.

13.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  His records do not contain any adverse
information and his DA Form 20 shows his conduct and efficiency ratings as
"excellent" throughout his period of service.



14.  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 A Company, 4th Battalion, 23rd Infantry it was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for
the period April 1966 through August 1968 by Department of the Army General
Orders Number 48, dated 1971.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to A Company, 4th Battalion, 23rd Infantry, it was
awarded the Valorous Unit Award for the period 27 August 1968 through
31 October 1968 by Department of the Army General Orders Number 42, dated
1968.

16.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to A Company, 4th Battalion, 23rd Infantry, it was
cited for award of the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation for the period 30 April 1966 through 21 January 1970
based on Headquarters, Department of the Army General Orders Number 51,
dated 1971.

17.  Army Regulation 600-8-22 (Military Awards) 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.

18.  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.  This
regulation also provides that there is no statute of limitations on request
for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was awarded of the Purple Heart (1st and
2nd Award) for wounds sustained during hostile action on 7 January 1968 and
3 February 1968 in Vietnam.

2.  There are no orders in the applicant’s service personnel records which
show that he was awarded the Purple Heart (3rd Award).  However, the
Vietnam Casualty Roster, his DA Form 20, and a Western Union telefax show
he was wounded in combat by hostile forces on 22 April 1968 and treated for
his wounds.  The evidence shows the applicant is entitled to award of the
Purple Heart (3rd Award) for wounds sustained during hostile action.
Presumably orders were issued as he does not ask for award of the Purple
Heart (3rd Award), only that it be added to his DD Form 214.

3.  The applicant was separated in the rank of Specialist Four with almost
two years of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for award of the Good
Conduct Medal for the periods 20 April 1967 through 18 April 1969 based on
completion of a period of qualifying service ending with the termination of
a period of Federal military service.

4.  The applicant was assigned to a unit during a period of time the unit
was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.  His participation in four campaigns
entitles him to 4 bronze service stars to be worn on his Vietnam Service
Medal.  These awards should be added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 April 1969.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
17 April 1972.  The applicant did not file within the ABCMR's statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__JS____  __ PHM _  __ LJO __  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 to grant 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.  deleting "Unit Citations" in item 24 of his DD Form 214;

      b.  awarding him the Army Good Conduct Medal (1st Award) for the
period 20 April 1967 through 18 April 1969; and

      c.  amending his DD Form 214 to show award of the Purple Heart (3rd
Award), the Army Good Conduct Medal (1st Award), the Valorous Unit Award,
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and four bronze service stars to be worn on his Vietnam Service Medal.




                            _____ Mr. John Slone _____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004828                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |23 November 2005                        |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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