RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          10 November 2005
      DOCKET NUMBER:  AR20050005197


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Michael Flynn                 |     |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 (Report of
Transfer or Discharge) to show the Purple Heart with Third Oak Leaf
Cluster, a second award of the Bronze Star Medal, and the Army Commendation
Medal.

2.  The applicant states his military records should be complete.

3.  The applicant provides a copy of his DD Form 214; four orders and award
certificates for the Purple Heart; orders and award certificates for the
Bronze Star Medal and the Bronze Star Medal with “V” Device; and a citation
for the Army Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
13 January 1970.  The application submitted in this case is dated 23 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 limitation 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 26 January 1968.  He served as a tanker
assigned to Troop B, 3rd Squadron, 4th Cavalry of the 25th Infantry
Division in Vietnam from 20 January 1969 through 18 February 1969.  He
served as an infantryman assigned to Troop A, 3rd Squadron, 4th Cavalry of
the 25th Infantry Division in Vietnam from 1 March 1969 through 7 January
1970.  On 13 January 1970, the applicant was released from active duty in
the rank of specialist four after completing 1 year, 11 months, and 18 days
of creditable service with no time lost.

4.  The applicant's DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Vietnam Campaign Medal, the Purple Heart,
and the Bronze Star Medal as authorized awards.

5.  Headquarters, 25th Infantry Division General Orders Number 4361, dated
30 March 1969, show the applicant received the Bronze Star Medal with “V”
Device for heroism on 10 March 1969 in Vietnam.

6.  Headquarters, 25th Infantry Division General Orders Number 6714, dated
13 May 1969, show the applicant received the Purple Heart for wounds
received in action on 10 May 1969 in Vietnam.

7.  Headquarters, 25th Infantry Division General Orders Number 7368, dated
30 May 1969, show the applicant received the Purple Heart with First Oak
Leaf Cluster for wounds received in action on 28 May 1969 in Vietnam.

8.  Headquarters, 25th Infantry Division General Orders Number 9859, dated
31 July 1969, show the applicant received the Purple Heart with Second Oak
Leaf Cluster for wounds received in action on 29 July 1969 in Vietnam.

9.  Headquarters, 25th Infantry Division General Orders Number 9908, dated
2 August 1969, show the applicant received the Army Commendation Medal for
meritorious achievement during the period 1 May 1969 to 30 June 1969 in
Vietnam.

10.  Headquarters, 25th Infantry Division General Orders Number 10869,
dated
28 August 1969, show the applicant received the Purple Heart with Third Oak
Leaf Cluster for wounds received in action on 25 August 1969 in Vietnam.

11.  Headquarters, 25th Infantry Division General Orders Number 14837,
dated
29 November 1969, show the applicant received the Bronze Star Medal with
First Oak Leaf Cluster.

12.  Headquarters, 25th Infantry Division General Orders Number 724, dated
22 January 1970, show the applicant received the first award of the Good
Conduct Medal for the period 26 January 1968 to date of separation on or
about 12 January 1970.

13.  Records show the applicant participated in four campaigns during his
assignment in Vietnam.

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 the applicant's unit (3rd
Squadron, 4th Cavalry) is entitled to award of the Valorous Unit Award for
actions during the period
1 January to 22 February 1969 by Department of the Army General Orders
Number 39, dated 1970.

15.  Department of the Army Pamphlet 672-3 shows the applicant's unit (3rd
Squadron, 4th Cavalry) is entitled to award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 43, dated 1970.

16.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit (3rd Squadron, 4th Cavalry) is entitled to award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation based on
Department of the Army General Orders Number 51, dated 1971.

17.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 shows one award of the Purple Heart.
However, orders show the applicant received four awards of the Purple
Heart.  Therefore, his DD Form 214 should be corrected to show award of the
Purple Heart with Third Oak Leaf Cluster.

2.  The applicant’s DD Form 214 shows one award of the Bronze Star Medal.
However, orders show the applicant received two awards of the Bronze Star
Medal, one award for valor.  Therefore, the applicant’s DD Form 214 should
be corrected to show the Bronze Star Medal with First Oak Leaf Cluster with
“V" Device.

3.  Orders show the applicant received the Army Commendation Medal and the
Good Conduct Medal.

4.  The applicant participated in four campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.

5.  The applicant's unit (3rd Squadron, 4th Cavalry) was cited for award of
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 while he was assigned to it.

6.  Records show the applicant should have discovered the alleged errors
now under consideration on 13 January 1970; therefore, the time for the
applicant to file a request for correction of any error expired on 12
January 1973.  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:

MP_____  _LS_____  _MF____  GRANT 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 by amending his DD Form 214 to show that
he was awarded the Purple Heart with Third Oak Leaf Cluster, the Bronze
Star Medal with First Oak Leaf Cluster with “V” Device, the Army
Commendation Medal, the Good Conduct Medal, the Vietnam Service Medal with
four bronze service stars, 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.



            ____Margaret Patterson
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005197                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0014                                |
|3.                      |107.0020                                |
|4.                      |107.0000                                |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]