RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           15 September 2005
      DOCKET NUMBER:  AR20050005655


      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. Antoinette Farley             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Eric N. Anderson              |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 two awards of
the Purple Heart [correctly known as the Purple Heart (First Oak Leaf
Cluster)].

2.  The applicant states that these awards were left off his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge), dated
29 August 1969.

3.  The applicant provides in support of his case a Benefits Award letter,
dated 4 March 1970, from the Veterans Administration, Columbia, South
Carolina.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 29 August 1969, the date of his separation from the Army.  The
application submitted in this case is dated 17 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 enlisted in the Regular Army on 30 August 1966.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 11B (Light Weapons Infantryman).
On 8 March 1967, after completion of airborne training, he was further
assigned to Company B, 2nd Battalion, 503rd Infantry of the 173rd Airborne
Brigade, in Vietnam.  He served overseas in Vietnam from 3 March 1967
through 26 November 1967.  The applicant was honorably separated from
active duty on 29 August 1969.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form
214 shows that he was authorized the National Defense Service Medal, the
Vietnam Service Medal, the Good Conduct Medal, the Vietnam Campaign Medal
with Device 60, the Parachute Badge, the Combat Infantryman Badge and the
Meritorious Unit Citation.  It does not show any awards of the Purple
Heart.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in
item 38 (Record of Assignments) he was listed as an inpatient at the 245th
General Hospital in Japan on 4 December 1967.

6.  Item 40 (Wounds) of the applicant's DA Form 20 is blank.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not
show award of the Purple Heart.  However, it does show that he was
authorized award of the Expert Marksmanship Qualification Badge with
Machine Gun Bar, the Marksman Marksmanship Qualification Badge with Rifle
Bar (M-16), and the Overseas Service Bar which are not shown on his DD Form
214.

8.  The applicant's military service records do not contain any general
orders awarding him the Purple Heart.

9.  The Vietnam Casualty Roster contains one entry which shows that the
applicant was wounded as a result of hostile action on 13 November 1967.

10.  The applicant provides in support of his application a letter from the
Veterans Administration.  This letter shows that the applicant was awarded
disability compensation for the following service connected conditions,
shell fragment wounds to the mouth at 20%, shell fragment wounds to the
face at 10%, shell fragment wounds to the right thigh, 10% and high
frequency hearing loss at 0%, effective 30 August 1969.

11.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

12.  Army Regulation 600-8-22 states, that the bronze oak leaf cluster is
awarded to denote the second and succeeding awards of certain decorations,
among which are the Purple Heart, the Bronze Star Medal, and the Army
Commendation Medal.






13.  Review of the applicant's records indicates entitlement to additional
awards and decorations that are not shown on his DD Form 214.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the campaigns during the Vietnam War.
This document shows that, at the time of the applicant’s assignment to
Company B, 2nd Battalion, 503d Infantry he participated in the Vietnam
Counteroffensive II and the Vietnam Counteroffensive III.

15.  Army Regulation 600-8-22, 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.  This regulation
states that a silver service star is authorized in lieu of five bronze
service stars.

16.  Department of the Army Pamphlet 672-3 also lists the unit awards
received by units serving in Vietnam.  The applicant military records show
he was assigned to Company B, 2nd Battalion, 503d infantry, in Vietnam.
This unit was cited for award of the Republic of Vietnam Gallantry Cross
with Palm Unit Citation based on Department of the Army General Orders
Number 51, dated 1971.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show
award of two Purple Hearts.

2.  There are no orders available to the Board which authorize award of the
Purple Heart to the applicant.  However, evidence of record shows that the
applicant was wounded as a result of hostile action and underwent medical
treatment on 13 November 1967.  Based on the applicant's personnel records
and the Republic of Vietnam Casualty Listing, it is concluded that there is
sufficient evidence to substantiate award of one Purple Heart for the
wounds he received on 13 November 1967.

3.  Records show the applicant completed a qualifying period of honorable
service for award of the Good Conduct Medal.  Therefore, he is entitled to
correction of his records to show the first award of the Good Conduct
Medal.

4.  Review of the applicant's personnel records show the applicant served a
period of qualifying service in Vietnam and was awarded the Vietnam Service
Medal.  Evidence of record also shows that the applicant participated in
two campaigns during his service in Vietnam.  Therefore, he is entitled to
correction of his records to show award of two bronze service stars to be
worn on his Vietnam Service Medal.

5.  The applicant was assigned to a unit during a period of time that unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation. Therefore, he is entitled to correction of his DD Form 214 to
show this unit award.

6.  The applicant's personnel records show that he was awarded the Expert
Marksmanship Qualification Badge with Machine Gun Bar, the Marksman
Marksmanship Qualification Badge with Rifle Bar and the Overseas Service
Bar which are not shown on his DD Form 214.  Therefore, the applicant is
entitled to have his DD Form 214 corrected to show these awards.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 August 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 28 August 1972.  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:

________  ________  ________  GRANT RELIEF

__CAK____  _JNS___  _ENA__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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: award of the Purple
Heart; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; two
bronze service stars for wear on his Vietnam Service Medal; the Expert
Marksmanship Qualification Badge with Machine Gun Bar; the Marksman
Marksmanship Qualification Badge with Rifle Bar and the Overseas Service
Bar.

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
a second award of the Purple Heart.




               ___John N. Slone____
                    CHAIRPERSON
      INDEX

|CASE ID                 |AR20050005655                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/08/29                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Separated from ACTDU                    |
|BOARD DECISION          |GRANT (Partial)                         |
|REVIEW AUTHORITY        |DASA                                    |
|ISSUES         1.       |A107.0015                               |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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