RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 August 2006
      DOCKET NUMBER:  AR20060000170


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, a Purple Heart with First Oak Leaf
Cluster, the Army Commendation Medal, the Air Medal, and any other awards
entitled.

2.  The applicant states, in effect, that his unit was awarded the Republic
of Vietnam Gallantry Cross with Palm Unit Citation and therefore it should
be annotated on his DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge).

3.  The applicant continues that his DD Form 214 only shows one award of
the Purple Heart.  The applicant states that he was wounded on 12 August
1966 and on 8 May 1967, while serving in the Republic of Vietnam.

4.  The applicant provides a copy of his DD Form 214 and a DD Form 215
(Correction to Certificate of Release or Discharge from Active Duty), dated
1 July 2004 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 10 August 1967, the date of his separation.  The applications submitted
in this case are dated 10 December 2005 and 20 May 2006.

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 requested correction of his DD Form 214 to show award of
the Air Medal and the Army Commendation Medal.  The applicant's service
records contain a DD Form 215, dated 9 December 2004, correcting his DD
Form 214 with separation date of 10 August 1967.  This form shows he was
awarded the Purple Heart, the Air Medal, the Army Commendation Medal, the
Good Conduct Medal, and an Overseas Service Bar (1).  Therefore, the
applicant's request for
correction of his records to show award of the Air Medal and Army
Commendation Medal has already been accomplished and will not be discussed
further in this case.

4.  The applicant enlisted in the Regular Army on 29 September 1964 for a
period of three years.  After completion of basic and advanced individual
training, he was awarded military occupation specialty 91B (Medical
Corpsman).  He served in the Republic of Vietnam during the period 25 June
1966 through 15 June 1967 and assigned to the 2nd Battalion, 8th Cavalry of
the 1st Cavalry Division.  The applicant was honorably released from active
duty on 10 August 1967.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) shows the following entries:

      "FSW R. Thigh  12 Aug 66" [Fragment Shrapnel Wound to Right Thigh on
12 August 1966]; and

      "Frags B Feet, R Leg, B Buttocks, R Arm  8 May 67" [Fragments Both
Feet, Right Leg, Both Buttocks, Right Arm on 8 May 1967].

6.  Headquarters, 1st Cavalry Division [APO San Francisco] General Orders
Number 2930, dated 18 August 1966, awarded the applicant the Purple Heart
for wounds received on 12 August 1966.

7.  There are no orders in the applicant's service records which show he
was awarded the Purple Heart with First Oak Leaf Cluster for wounds
received on 8 May 1967.

8.  A review of the Vietnam Casualty Roster lists the applicant's name.
This roster shows that he was injured and treated for wounds received on 8
May 1967.

9.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

10.  Army Regulation 600-8-22 states, in pertinent part, that the first oak
leaf cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Purple Heart.
11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant's
assignment to 2nd Battalion, 8th Cavalry of the 1st Cavalry Division, the
unit was cited for award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation during the period 9 August 1965 through 19 May 1969 by
Department of the Army General Orders Number 59, dated 1969.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists campaigns participated by units during
the Vietnam War.  This document shows that, at the time of the applicant’s
assignment to the 2nd Battalion, 8th Cavalry of the 1st Cavalry Division,
it participated in the Vietnam Counteroffensive, the Vietnam
Counteroffensive Phase II, and the Vietnam Counteroffensive Phase III
campaigns.

13.  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.  The applicant requests correction of his DD Form 214 to show a second
award of the Purple Heart and award of the Republic of Vietnam Gallantry
Cross with Unit Palm Citation.

2.  Evidence of record shows that the applicant sustained fragment wounds
on 8 May 1967.  This evidence sufficiently shows that the applicant met the
criteria for award of the Purple Heart.  Therefore, he is entitled to award
of the Purple Heart for wounds sustained as a result of hostile action on 8
May 1967 and correction of his records to show this award.

3.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Unit Palm Citation; therefore, he is entitled to
correction of his separation document to show this award.

4.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  His records indicate he participated in the
Vietnam Counteroffensive, the Vietnam Counteroffensive Phase II, and the
Vietnam Counteroffensive Phase III campaigns.  Therefore, he is entitled to
correction of his DD Form 214 to show three bronze service stars affixed to
his Vietnam Service Medal.
5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 August 1967; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 9 August 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:

_RTD____  _RMN__  _DAC____  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 awarding the Purple Heart with First
Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and three bronze service stars to be affixed to his Vietnam
Service Medal.




                                _Richard T. Dunbar __
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060000170                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060817                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  61   |107.0015.0000                           |
|2.  140                 |107.0094.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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