RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 January 2006
      DOCKET NUMBER:  AR20050004874


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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, in effect, that his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) with an effective
date of 5 April 1968, be corrected to show the award of two Purple Hearts.

2.  The applicant states, in effect, that he received a shell fragment
wound (SFW) in his left shoulder and that his right ear drum was perforated
from a mortar explosion.  He further states that he needs the correction in
order to receive a higher priority group for his health care benefits.

3.  The applicant provides a portion of a Department of Veterans Affairs
(DVA) Rating Decision, dated 7 June 1983, that shows the applicant is
service-connected for a SFW in his left shoulder.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 5 April 1968, the date of his release from active duty.  The application
submitted in this case is dated 14 March 2005 and was received 1 April
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's military records show that he was inducted on 7 April
1966, for a period of 2 years.  He successfully completed basic combat and
advanced individual training and was awarded the military occupational
specialty 11B10 (light weapons infantryman).

4.  The applicant was assigned to the 5th Battalion, 7th Cavalry in Vietnam
during the period from 19 October 1966 through 14 October 1967.

5.  Headquarters, 67th Evacuation Hospital General Orders Number 266, dated
20 October 1967, announced the first award of the Purple Heart to the
applicant for wounds received on 28 November 1966.

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) showed the applicant received fragments in his left arm on 28
November 1966.

7.  A review of the applicant's records shows that he is entitled to
additional awards, which he did not request and are not listed on his DD
Form 214.

8.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
3411, dated 20 June 1967, announced the award of the Air Medal to the
applicant for meritorious achievement while participating in aerial flight
during the period from 30 October 1966 to 1 May 1967.

9.  The applicant's military service records showed that he was assigned to

the 5th Battalion, 7th Cavalry in Vietnam during the period from 19 October
1966 through 14 October 1967.  Based on his dates of service in Vietnam,
Table B-1 of Army Regulation 600-8-22 shows he served in the Vietnam
Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 1967); and the
Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 29 January
1968).

10.  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 5th Battalion, 7th Calvary the unit received
the following unit awards:

      a.  The Valorous Unit Award for the period 1 through 31 October 1967,
based on Department of the Army General Orders Number 39, dated 1970; and

      b.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period from 9 August 1965 through 19 May 1969, based on Department
of the Army General Orders Number 59, dated 1969.

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

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.  A silver star is
worn instead of five bronze service stars.  The regulations state that
authorized bronze service stars will be worn on the appropriate campaign
and service medal, which in this case is the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was awarded two Purple Hearts.  One for
shell fragments in his left shoulder and one for a perforated ear drum due
to a mortar explosion.  He further contends that he needs the correction in
order to receive a higher priority group for his health care benefits.

2.  The records show that the applicant is entitled to award of the Purple
Heart for SFW wounds to his left shoulder on 28 November 1966 in Vietnam.

3.  There is no evidence that shows the applicant suffered a perforated ear
drum due to a mortar explosion.  The Board does not make corrections to
military records solely to make an applicant eligible for benefits.
Therefore, there is insufficient to show the applicant is entitled to a
second award of the Purple Heart.

4.  The evidence shows the applicant received the Air Medal.

5.  The applicant was serving with the 5th Battalion, 7th Cavalry during a
portion of the period the unit was cited for award of the Valorous Unit
Award.  Therefore, the applicant is entitled to the Valorous Unit Award.

6.  The applicant's military personnel records show he participated in two
campaigns during his service in Vietnam.  Therefore, he is entitled to two
bronze service stars to be worn on his Vietnam Service Medal.

7.  The applicant was serving with the 5th Battalion, 7th Cavalry during
the period the unit was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, the applicant is
entitled to the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___gjp___  ___wfc__  ___ji_____  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 by showing:

      a.  award of the Purple Heart for wounds sustained in the Republic of
Vietnam on 28 November 1966;

      b.  award of the Air Medal;

      c.  award of the Valorous Unit Award;

      d.  award of two bronze service stars to be worn on his Vietnam
Service Medal; and

      e.  award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.

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
the award of a second Purple Heart.




                            ________John Infante____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004874                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060119                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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