RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 August 2006
      DOCKET NUMBER:  AR20060000169


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Ms. Rose Lys                      |     |Member               |
|     |Mr. John Heck                     |     |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 a second award of the Purple Heart for wounds he
received on 24 May 1967.

2.  The applicant states that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) reflects only one Purple Heart.  He
states he was wounded on 29 July 1966 and 24 May 1967.

3.  The applicant provides a copy of his DD Form 214 and his DA Form 20
(Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 11 December 1967.  The application submitted in this case is dated
15 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 was inducted into the Army on 17 December 1965.  He
completed basic combat training at Fort Polk, Louisiana and was reassigned
to Fort Gordon, Georgia for advanced individual training (AIT).  At the
completion of AIT, he was awarded military occupational specialty 11B
(Light Weapons Infantryman).  He later completed basic airborne training.

4.  The applicant was assigned to Company C, 1st Battalion, 327th Infantry
in Vietnam on 2 July 1966.

5.  Headquarters, 1st Brigade, 101st Airborne Division General Orders
Number 391 dated 13 August 1966 awarded the applicant the Purple Heart for
wounds received in action on 29 July 1966.

6.  Headquarters, 1st Brigade, 101st Airborne Division General Orders
Number 1131 dated 21 June 1967 awarded the applicant the Army Commendation
Medal for meritorious service from 2 July 1966 to 19 June 1967.
7.  The applicant departed Vietnam on 4 July 1967 and was credited with
participation in two campaigns.

8.  Headquarters, 1st Brigade, 101st Airborne Division General Orders
Number 1465 dated 15 July 1967 awarded the applicant a second award of the
Purple Heart for wounds received in action on 24 May 1967.

9.  Headquarters, 82nd Airborne Division General Orders Number 342 dated
13 December 1967 awarded the applicant the Army Good Conduct Medal for the
period 17 December 1965 through 11 December 1967.

10.  The applicant was honorably released from active duty on 11 December
1967.  His DD Form 214 shows the Parachutist Badge, the National Defense
Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service
Medal, the Purple Heart, and the Combat Infantryman Badge as authorized
awards.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant’s
assignment to the 1st Battalion, 327th Infantry, this unit was cited for
award of the Meritorious Unit Commendation by Department of the Army
General Orders Number 1, dated 1969.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 1st Battalion, 327th Infantry, this unit was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Department of the Army General Orders Number 21, dated 1969.

13.  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.  An oak leaf cluster is authorized for wear for each
additional award of the Purple Heart.  This regulation also provides that
there is no statute of limitations on requests for award of the Purple
Heart.

14.  Army Regulation 600-8-22, 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.


DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded two awards of the Purple
Heart.  However, his DD Form 214 shows only one award of the Purple Heart.
Therefore, it would be appropriate to amend his DD Form 214 to show two
awards of the Purple Heart.

2.  General orders show the applicant was awarded the Army Commendation
Medal and the Army Good Conduct Medal.  Therefore, these awards should be
added to his DD Form 214.

3.  The applicant received credit for participation in two campaigns during
the Vietnam War.  Therefore, his DD Form 214 should be corrected to show he
is entitled to two bronze service stars for wear on his Vietnam Service
Medal.

4.  The applicant was assigned to a unit during a period it was cited for
award of the Meritorious Unit Commendation and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, these awards should be
added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 December 1967.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 10 December 1970.  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.

BOARD VOTE:

SP______  RL______  JH______  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 adding award of the Purple Heart
(First Oak Leaf Cluster), the Army Commendation Medal, the Army Good
Conduct Medal, the Vietnam Service Medal with two bronze service stars, the
Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross
with Palm Unit Citation to his DD Form 214.




                            Shirley Powell________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000169                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060815                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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