RECORD OF PROCEEDINGS


      IN THE CASE OF:   .


      BOARD DATE:        13 July 2006
      DOCKET NUMBER:  AR20050014784


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Robert J. Osborn, II          |     |Chairperson          |
|     |Mr. John M. Moeller               |     |Member               |
|     |Ms. Naomi Henderson               |     |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) be corrected to show
award of the Purple Heart.

2.  The applicant states that the award of the Purple Heart was not
recorded on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a Certificate of
Award for the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 February 1974, the date of his discharge from active
duty.  The application submitted in this case is dated 22 September 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 records show that he was inducted into the Army of the
United States and entered active duty on 19 August 1966.  He completed
basic combat training and advanced individual training, and was awarded
military occupational specialty 11B10 (Light Weapons Infantryman).  He
served with Company B, 3rd Battalion, 60th Infantry, 9th Infantry Division
in the Republic of Vietnam, during the period 1 February 1967 to 24 January
1968.  He was honorably released from active duty on 7 August 1968.

4.  His records also show that after completing his initial tour of duty,
he entered active duty in the Regular Army on 28 January 1971.  He served
as an Infantryman during the period 28 January 1971 through 11 February
1974.

5.  The applicant was honorably discharged from active duty on 11 February
1974 after serving a total of 5 years and 3 days of active service.
6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaigns Ribbons Awarded or Authorized) of the applicant's DD Form  
214 shows the applicant was awarded the National Defense Service Medal,
Vietnam Service Medal, Republic of Vietnam Campaign Medal with “1960”
Device, Expert Marksmanship Qualification Badge for the M-16 rifle, Expert
Marksmanship Qualification Bade for the M-14 rifle, and two Overseas Bars.
However, it does not show he was awarded the Purple Heart.

7.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) show that the applicant sustained a fragment wound to his left leg
on 
2 May 1967.

8.  Item 40 also show the applicant sustained a fragment wound to his left
arm on 11 November 1967.  Standard Form 600 (Chronological Record of
Medical Care) shows that he was treated for removal of shrapnel from his
left arm on  
12 November 1967.

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20
(Enlisted Qualification Records) show that Headquarters, 9th Infantry
Division General Order Number 1191, dated 2 May 1967 awarded the applicant
the Purple Heart; however, there is no order in the applicant's records to
show a second award of the Purple Heart.

10.  Army Regulation 672-5-1 (Military Awards) paragraph 2-8b (1) provides,
in pertinent part, that the Purple Heart is authorized for the first wound
suffered under conditions indicated above, but for each subsequent award an
Oak Leaf Cluster will be awarded to be worn on the medal or ribbon.  Not
more than one award will be made for more than one wound or injury received
at the same time or from the same missile, force, explosion, or agent.
This regulation also provides that there are no time limitations on
requests for award of the Purple Heart.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Combat Infantryman Badge is awarded to infantry officers and
to enlisted and warrant officer persons who have an infantry military
occupational specialty (MOS).  They must have served in active ground
combat while assigned or attached to an infantry unit of brigade,
regimental or smaller size.  The Awards Branch of the U.S. Army Human
Resources Command (formerly known as the Total Army Personnel Command) has
advised, in similar cases, that during the Vietnam era the Combat
Infantryman Badge was awarded only to enlisted individuals who held and
served in MOS 11B, 11C, 11F, 11G, or 11H.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in the Republic of Vietnam.  This document shows the unit, to which
the applicant was assigned, Company B, 3rd Battalion, 60th Infantry, 9th
Infantry Division was cited for an award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Order Number 8, dated 1974.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
based on the applicant's dates of service in the Republic of Vietnam, he
participated in the following campaigns: Vietnam Counteroffensive Phase II
and Vietnam Counteroffensive Phase III.  This same regulation states that a
bronze service star will be awarded for wear on the Vietnam Service Medal
for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214 be corrected to show award
of the Purple Heart.

2.  Orders show the applicant was awarded the Purple Heart for wounds
received on 2 May 1967.  Records show that the applicant was wounded on  
11 November 1967, but did not receive the award of the first oak leaf
cluster to the Purple Heart.  Therefore, the applicant is entitled to
correction of his records to show the Purple Heart with first oak leaf
cluster.

3.  The evidence shows the applicant was assigned as a rifleman while
assigned to an infantry unit of brigade, regimental, or smaller size.
During the period he was assigned, he was wounded in action while engaged
in ground combat with enemy forces.  It is reasonable to presume that the
applicant was personally present and under hostile fire while serving as an
infantryman.  Therefore, the Board determined the applicant is entitled to
the Combat Infantryman Badge.

4.  Evidence shows the applicant served with Company B, 3rd Battalion,  
60th Infantry, 9th Infantry Division in the Republic of Vietnam during the
period  
1 February 1967 to 24 January 1968.  Records also show that this company
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
during that time.  Therefore, he is entitled to correction of his records
to show this foreign unit award.

5.  The applicant was assigned to a unit during two campaigns; therefore,
he is entitled to two bronze service stars to be affixed to his Vietnam
Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 February 1974; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on  
10 February 1977.  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 are no time limitations on requests for award of
the Purple Heart.

BOARD VOTE:

__jmm___  ___nh___  ____rjo__  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 for relief and to waive failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected to show award of the Purple Heart with
first oak leaf cluster, Combat Infantryman Badge, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and two bronze service stars to be
affixed to the Vietnam Service Medal.




                            _________Robert J. Osborn, II_____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014784                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060713                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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