RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20050014873


      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. Allen L. Raub                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show his second
award of the Purple Heart.

2.  The applicant states, in effect, that he was never issued the medal set
for the award of the Purple Heart.  Also, he would like for his DD Form 214
to be corrected to show all of his awards.

3.  The applicant provides:

      a.  a copy of his DD Form 214;

      b.  a copy of Headquarters, 1st Cavalry Division (Airmobile), General
Orders, dated 6 March 1968, for wounds incurred on 21 February 1968;

      c.  a copy of a Certificate of Award for the Purple Heart, dated 6
March  
1968, for wounds incurred on 21 February 1968;

      d.  a copy of a Certificate of Award for the Purple Heart, dated 23
May 1968, for wounds incurred on 21 February 1968; and

      e.  a copy of DA Form 199 (Physical Evaluation Board Proceedings),
dated 24 June 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 16 July 1969, the date of his discharge from active duty.  The
application submitted in this case is dated 7 October 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 records show the applicant was inducted into the Army of
the United States on 22 March 1967.  He completed basic combat training and
advanced individual training and was awarded military occupational
specialty 11B10 (Light Weapon Infantryman).  He served in the Republic of
Vietnam during the period 1 September 1967 to 1 February 1968.

4.  On 2 February 1968, the applicant was a patient at Medical Holding
Detachment, 249th General Hospital in the Republic of Vietnam.  On 6 April
1968, he was transferred to Medical Holding Company, Fitzsimons General
Hospital, Denver Colorado.  Records show that the applicant was honorably
discharged on 16 July 1969, after serving 2 years, 4 months, and 8 days of
active service.

5.  Medal sets for approved awards can be requested through the Defense
Supply Center Philadelphia, 700 Robbins Avenue, Post Office Box  
57997, Philadelphia, PA 19111-7997.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant's DD  Form  
214 shows he was awarded the Purple Heart, Army Good Conduct Medal,
National Defense Service Medal, Vietnam Service Medal with 3 bronze service
stars, Vietnam Campaign Medal, and Combat Infantryman Badge.  However, it
does not show that he was awarded a second award of the Purple Heart.

7.  Item 40 (Wounds) of the DA Form 20 (Enlisted Qualification Record)
contains the entry "Injured by mortar fragments - LOD Yes, 21 February
1968."

8.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number  
1298, dated 6 March 1968 awarded the applicant the Purple Heart (First
Award).

9.  There are no general orders in the available records to show the
applicant was awarded the Purple Heart with Oak Leaf Cluster.

10.  The Vietnam Casualty Roster does not show that the applicant was
wounded twice while serving in the Republic of Vietnam.

11.  Army Regulation 600-8-22 (Military Awards) paragraph 2-8b (1)
provides, in pertinent part, that the Purple Heart is authorized for the
first wound suffered, 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 instant
or from the same missile, force, explosion, or agent.
12.  The applicant's record indicates entitlement to additional awards and
decorations not shown on his DD Form 214.

13.  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 unit, to which the applicant
was assigned, Company C, 5th Battalion, 7th Cavalry, 1st Cavalry Division
(Airmobile) was cited for award of the Valorous Unit Award for the period 1-
31 October 1967 based on Department of the Army General Order Number 43,
dated 1972; and Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period 9 August 1965 to 19 May 1969 based on Department of the Army
General Order Number  
59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214 be corrected to show his
second award of the Purple Heart, and to show all his awards.  He also
stated that he never received the medal set.

2.  Orders show that the applicant was awarded the Purple Heart (First
Award) for wounds sustained by mortar fragments in the Line of Duty, on 21
February 1968.  Although, the applicant presented two Certificates of Award
for the Purple Heart, both certificates were prepared for the same wounds
sustained in the Republic of Vietnam.

3.  There is no evidence in his available records which shows he was
wounded or injured twice as a result of hostile action or treated for such
wounds.  Therefore, he is not entitled to correction to show the award of
the Purple Heart first Oak Leaf Cluster.

4.  Evidence of records show that the applicant is entitled to the award of
the Valorous Unit Award.  Therefore, he is entitled to correction to show
this award.

5.  Evidence of Records show that the applicant is entitled to the award of
Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he
is entitled to correction to show this foreign unit award.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 July 1969.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 15 July 1972.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file in this case based on the fact there is no statute of
limitations on requests for award of the Purple Heart.

7.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___lmd__  ___alr___  ___pmt___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely
file in this case based on the Purple Heart.

2.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determines the overall merits of
this case are insufficient as basis for correction of the records of the
individual concerned to show award of the Purple Heart with Oak Leaf
Cluster.

3.  The Board determined that administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned by showing awards of the Valorous Unit Award; and
Republic of Vietnam Gallantry Cross with Palm Unit Citation.




                                  ________Allen L. Raub________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014873                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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