RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 July 2006
      DOCKET NUMBER:  AR20050017912


      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. Lester Echols                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Ernestine Fields              |     |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 and the Combat
Infantryman Badge.

2.  The applicant states he earned these citations and the Purple Heart
changes his Department of Veterans Affairs status.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
5 November 1971.  The application submitted in this case is dated 8
December 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 on 20 November 1969 for a period of 2 years.  He
arrived in Vietnam on 15 May 1970.  He served as an infantry indirect fire
crewman assigned to Company C, 2nd Battalion, 27th Infantry of the 25th
Infantry Division in Vietnam from 29 May 1970 through 15 November 1970.  He
was assigned to Company B, 5th Battalion, 7th Cavalry, 1st Cavalry Division
in Vietnam from 16 November 1970 through 20 November 1970.  He was assigned
to Company E, 5th Battalion, 7th Cavalry, 1st Cavalry Division in Vietnam
from 21 November 1970 through 15 March 1971.  On 5 November 1971, the
applicant was released from active duty.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Army Commendation Medal, the Republic of Vietnam Campaign Medal with
Device 1960, the Vietnam Service Medal with one bronze service star, the
Air Medal, and the Bronze Star Medal with First Oak Leaf Cluster as
authorized awards.

5.  There are no orders for the Purple Heart in the applicant’s service
personnel records.  However, a Western Union telegram states the applicant
was wounded in action on 10 July 1970 in Vietnam as a result of hostile
action.  The Vietnam Casualty Roster also shows he was wounded in action on
10 July 1970.

6.  Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number
351, dated 17 December 1970, show the applicant received the Combat
Infantryman Badge.

7.  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, and the
medical treatment must have been made a matter of official record.

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 (2nd
Battalion, 27th Infantry) received 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, and his unit (5th Battalion, 7th
Cavalry) received one award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation (21 February 1970 to 28 February 1971) based on
Department of the Army General Orders Number 42, dated 1972.

9.  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.  The Western Union telegram and the entry on the Vietnam Casualty Roster
which show the applicant was wounded in action on 10 July 1970 in Vietnam
are accepted as sufficient evidence on which to base award of the Purple
Heart in this case.  Therefore, the applicant is entitled to award of the
Purple Heart and correction of his DD Form 214 to show this award.


2.  Orders show the applicant received the Combat Infantryman Badge.

3.  The applicant's battalions were awarded one award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation each and so he is entitled
to wear one of those awards.  However, his DD Form 214 should be corrected
to show two awards of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation.

4.  Records show the applicant should have discovered the alleged errors
now under consideration on 5 November 1971; therefore, the time for the
applicant to file a request for correction of any error expired on 4
November 1974.  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:

LE_____  PM______  EF______  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 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.  awarding him the Purple Heart for wounds received in action on 10
July 1970 in Vietnam; and

      b.  amending his DD Form 214 to add the Purple Heart and to show that
he was awarded the Combat Infantryman Badge and two awards of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.



                            ___Lester Echols______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017912                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060718                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0111                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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