RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2006
      DOCKET NUMBER:  AR20050005830


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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, award of two Purple Hearts, the
Bronze Star Medal, Combat Infantryman Badge, Marksmanship Qualification
Badge, and three Presidential Unit Citations.

2.  The applicant states, in effect, that these awards were not listed on
his
DD Form 214 (Report of Separation from Active Duty) that was issued at the
time of his discharge.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
9 August 1974, the date of his discharge from the U.S. Army.  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's military service record shows that he was inducted into
the U.S. Army on 24 October 1969.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty (MOS) 11E (Armor Crewman).

4.  The applicant's military service record also shows that he was assigned
to Troop B, 3rd Squadron, 5th Cavalry in Vietnam, from 4 December 1970
through 28 September 1971.  On 9 August 1974, the applicant was honorably
discharged from the U.S. Army after serving on active duty for a total of 4
years, 9 months, and 15 days.

5.  The applicant's DD Form 214, with an effective date of 9 August 1974,
shows in Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), that he was awarded the National
Defense Service Medal, Vietnam Service Medal, Purple Heart, Vietnam
Campaign Medal with "1960" Device, and Good Conduct Medal.
6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 4
December 1970 through 28 September 1971.  Item 39 (Campaigns) of this
document shows that he participated in the Vietnam Counteroffensive Phase
VII and Consolidation I campaigns.  Item 41 (Awards and Decorations) of
this document shows the applicant was awarded the National Defense Service
Medal, Vietnam Service Medal, two Purple Hearts, and the Good Conduct
Medal.

7.  The applicant's DA Form 20 does not show any entries in Item 40
(Wounds).  However, the applicant's name is listed on The Adjutant General,
Casualty Division's, Vietnam Casualty Roster as being wounded twice as a
result of hostile action; once on 26 December 1970, and again on 3 May
1971.  As indicated above, the applicant's DA Form 20, Item 41 contains two
entries for the Purple Heart and cites Headquarters, 1st Infantry Brigade,
5th Infantry Division, General Orders Number 30, and Headquarters, 1st
Infantry Brigade, 5th Infantry Division, General Order Number 658, as the
authority for the award entries, respectively.  The applicant's records
contain a copy of Headquarters, 1st Infantry Brigade,
5th Infantry Division (Mechanized), Camp Red Devil (Vietnam), General
Orders Number 30, dated 10 January 1971, which shows the applicant was
awarded the Purple Heart for wounds received in action on 26 December 1970.
 The applicant's records also contain a copy of Headquarters, 18th Surgical
Hospital, General Orders Number 7, dated 15 January 1971, which shows the
applicant was awarded the Purple Heart for wounds received in action on 26
December 1970.  In addition, the applicant's records contain a copy of
Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized),
Camp Red Devil (Vietnam), General Orders Number 658, dated 10 May 1971,
which shows the applicant was awarded the Purple Heart for wounds received
in action on 3 May 1971.

8.  The applicant's military service records do not contain any orders or
evidence that he was awarded the Bronze Star Medal.  Therefore, the
applicant's request for award of the Bronze Star Medal is governed by Title
10, United States Code, Section 1130.  Since the applicant has not
exhausted his administrative remedy, the ABCMR cannot take any further
action at this time on his request for award of the Bronze Star Medal.
However, the applicant has been advised by separate correspondence of the
procedures for requesting award of the Bronze Star Medal under the
provisions of Section 1130.  As a result, the request for award of the
Bronze Star Medal is not discussed further in this Record of Proceedings.

9.  The applicant's military service records do not contain any orders or
evidence that he was awarded the Combat Infantryman Badge.

10.  The applicant's record contains a copy of Headquarters, United States
Army Training Center, Infantry, Fort Bragg, North Carolina, Special Orders
Number 345, dated 11 December 1969, which shows that he was awarded the
Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

11.  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 fails to show, at the time of the
applicant's assignment to Troop B, 3rd Squadron, 5th Cavalry, that the unit
was cited for award of the Presidential Unit Citation or any other U.S.
unit award.

12.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

13.  Department of the Army Pamphlet 672-3 also lists the foreign unit
awards received by units serving in Vietnam.  This document shows that, at
the time of the applicant's assignment to the 3rd Squadron, 5th Cavalry,
the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters, Department of the Army, General Orders Number 42
(1972).

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) list the
campaigns for Vietnam.  This document shows that the applicant participated
in the Vietnam Counteroffensive Phase VII and Consolidation I campaigns; a
total of two campaigns.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
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 document also states, in pertinent part, that an
oak leaf cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Purple Heart.  There is no statute
of limitations governing requests for award of the Purple Heart.

16.  Army Regulation 600-8-22, paragraph 8-6, provides for award of the
Combat Infantryman Badge and provides, in pertinent part, that the Combat
Infantryman Badge is awarded to infantry officers and enlisted Soldiers who
have an infantry MOS.  They must have served in active ground combat while
assigned or attached to an infantry unit of brigade, regimental or smaller
size.  In addition, the U.S. Army Human Resources Command, Military Awards
Branch, has advised, in similar cases, that during the Vietnam-era the
Combat Infantryman Badge was awarded only to enlisted Solders who held and
served in MOS 11B, 11C, 11F, 11G, or 11H.

17.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation (known as the Distinguished Unit Citation until
3 November 1966) is awarded for extraordinary heroism in action.  A unit
must display such gallantry, determination and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.  Army Regulation
670-1 (Uniforms and Insignia) further provides, in pertinent part, that a
Soldier is authorized and may wear the unit award permanently if the
individual was assigned to and present for duty with the unit any time
during the period cited, or if attached by competent orders and present for
duty with the unit during the entire period or for at least 30 consecutive
days of the period cited.

19.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

20.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A service star is worn on the
Vietnam Service Medal to denote an additional award for participation in a
campaign.

21.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Overseas Service Bar.  In pertinent part, it provides that a bar is
authorized for wear for each period of active Federal service as a member
of the U.S. Army outside of the continental limits of the United States for
the specific time frames and areas of operation cited in Army Regulation
670-1, or appropriate Department of the Army message.  For Vietnam service,
one Overseas Service Bar is authorized for each period of 6 months active
Federal service as a member of a U.S. Service in Vietnam from 1 July 1958
to 28 March 1973.  Both the month of arrival and the month of departure
from Vietnam are counted as whole months for credit toward the Overseas
Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to two awards of the Purple
Heart, the Combat Infantryman Badge, the Marksmanship Qualification Badge,
and three Presidential Unit Citations for his service in Vietnam.  However,
he provides no documentary evidence in support of his claim.

2.  The evidence of records show that the applicant was wounded twice as a
result of hostile action in Vietnam; once on 26 December 1970, and again on
3 May 1971. The evidence of record also shows that two general orders were
issued awarding the applicant the Purple Heart for being wounded in action
on 26 December 1970.  However, there is no evidence of record that shows
the applicant was wounded on two separate occasions on 26 December 1970,
thereby indicating that the orders published by the 18th Army Surgical
Hospital were actually a duplicate set of award orders published for the
wound the applicant sustained on 26 December 1970.  Therefore, the
applicant is entitled to correction of his records to show two awards of
the Purple Heart.

3.  There are no orders or evidence of records that show the applicant was
awarded the Combat Infantryman Badge.  Therefore, there is insufficient
evidence upon which to base award of the Combat Infantryman Badge.

4.  Special Orders awarded the applicant the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to
correct his records to show this badge.

5.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

6.  Records show that the applicant served in two campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of two
bronze service stars to be affixed to his Vietnam Service Medal.

7.  Records show that the applicant served a total of 10 months in Vietnam.
 Therefore, he is entitled to correction of his records to show award of
one
(1) Overseas Service Bar.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 August 1974; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
8 August 1977.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__SLP __  __CAD __  __KSJ __  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:

      a.  correcting his DD Form 214 to delete the Purple Heart and Vietnam
Service Medal;

      b.  correcting his DD Form 214 to add the Purple Heart with 1st Oak
Leaf Cluster, Vietnam Service Medal with 2 bronze service stars,
Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and 1 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
award of the Combat Infantryman Badge and three (3) awards of the
Presidential Unit Citation.




                            ___SHIRLEY L. POWELL___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005830                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060118                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19750809                                |
|DISCHARGE AUTHORITY     |AR 635-200, Paragraph 6-13b             |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0014.0000                           |
|2.                      |107.0015.0000                           |
|3.                      |107.0031.0000                           |
|4.                      |107.0110.0000                           |
|5.                      |107.0111.0000                           |
|6.                      |                                        |


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