RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 July 2006
      DOCKET NUMBER:  AR20050016757


      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:

|     |Mr. Eric Andersen                 |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Dennis Phillips               |     |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 award of the Purple Heart.  He also requests
that his name and service number be corrected on the general orders and
award certificate for the Purple Heart.

2.  The applicant states the Purple Heart is not shown on his DD Form 214.
He also states, in effect, that the middle initial “N” shown on the general
orders and award certificate for the Purple Heart should be removed and
corrected to show the suffix Junior (Jr.) and the seventh and eighth digits
of his service number should be corrected to show “38” instead of “83.”

3.  The applicant provides orders and an award certificate for the Purple
Heart; and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
11 February 1969.  The application submitted in this case is dated 14
November 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 induction record and all available service personnel
records show the suffix “Jr.,” no middle name, and the seventh and eight
digits of his service number as “38.”  He was inducted on 24 January 1968.
He arrived in Vietnam on 26 June 1968.  He served as a light weapons
infantryman assigned to Company A, 2nd Battalion, 27th Infantry of the 25th
Infantry Division in Vietnam from 3 July 1968 until he was wounded in
action on 17 September 1968 and evacuated to the United States on 24
October 1968 for further medical treatment.  On 11 February 1969, the
applicant was placed on the Temporary Disability Retired List (TDRL).  He
was removed from the TDRL on 30 November 1970 and placed on the retired
list on 1 December 1970.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
Device 1960, and the Sharpshooter Marksmanship Qualification Badge with
Rifle Bar as authorized awards.

5.  Headquarters, 249th General Hospital General Orders Number 57, dated
1 November 1968, show the applicant received the Purple Heart for wounds
received in action on 17 September 1968 in Vietnam.  These orders show the
applicant had a middle initial of “N,” no “Jr.” suffix, and the seventh and
eighth digits of his service number as “83.”

6.  The applicant provided an award certificate for the Purple Heart for
wounds received in action on 17 September 1968.  This certificate shows the
applicant had a middle initial of “N,” no “Jr.” suffix, and the seventh and
eighth digits of his service number as “83.”

7.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

8.  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 received the
Republic of Vietnam Gallantry Cross with Palm Unit Citation (January 1966
to August 1968) based on Department of the Army General Orders Number 46,
dated 1971, and one award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation
(1 September 1968 to 30 September 1970) based on Department of the Army
General Orders Number 5, dated 1973.

9.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit 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.

10.  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.

11.  Paragraph 6 (Miscellaneous Information) of Department of the Army
Pamphlet 672-3 states that only one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation may be worn; however, records
should show entitlement to all authorized awards of this foreign unit
award.  This guidance

also provides that when a single unit receives duplicate awards of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation during the same
period, then only one award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation will be recorded in official personnel records.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Purple Heart.

2.  The portion pertaining to the applicant on Headquarters, 249th General
Hospital General Orders Number 57, dated 1 November 1968, and the award
certificate for the Purple Heart for wounds received in action on 17
September 1968 in Vietnam incorrectly show the applicant’s name and service
number.  The middle initial “N” should be removed and the suffix “Jr.”
added to the applicant’s name and the seventh and eighth digits of his
service number should be corrected to show “38” on these orders and the
award certificate.

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

4.  The applicant's unit was awarded two awards of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and so he is entitled to wear one
of those awards.  Therefore, his DD Form 214 should be corrected to show
two awards of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.

5.  The applicant’s unit was cited for 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 11 February 1969; therefore, the time for the
applicant to file a request for correction of any error expired on 10
February 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 FULL RELIEF

EA_____  _MF_____  _DP____  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  amending his DD Form 214 to add the Purple Heart and to show that
 he was awarded the Vietnam Service Medal with two bronze service stars,
two awards of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation;

      b.  correcting the applicant’s name by deleting the middle initial
“N” and adding the suffix “Jr.” and correcting the seventh and eighth
digits of his service number to show “38” on Headquarters, 249th General
Hospital General Orders Number 57, dated 1 November 1968; and

      c.  correcting the applicant’s name by deleting the middle initial
“N” and adding the suffix “Jr.” and correcting the seventh and eighth
digits of his service number to show “38” on the award certificate for the
Purple Heart for wounds received in action on 17 September 1968 in Vietnam.




                            __Eric Andersen_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016757                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060706                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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