RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 August 2006
      DOCKET NUMBER:  AR20060000914


      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. Karl L. Briales               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. 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, in effect, that his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show
three awards of the Purple Heart (PH).

2.  The applicant states that two additional PH's were omitted from his DD
Form 214.

3.  The applicant provides two copies of orders, and three copies of the
certificates awarding him the PH's.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 December 1969.  The application submitted in this case
is dated 30 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 records show that he was inducted on 6 December 1967.
He completed basic combat training and advanced individual training and was
awarded the military occupational specialty (MOS) 11B10 (Infantryman).  The
applicant was assigned to Company C, 4th Battalion, 9th Infantry and served
a tour of duty in the Republic of Vietnam during the period 25 May 1968
through 6 January 1969.  The applicant was honorably separated from active
duty on 5 December 1969.

4. Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows he was awarded one PH.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) shows the applicant was wounded twice.  On 27 October 1968, he
received a fragmentation wound to his left shoulder and, on 22 December
1968, he was wounded in both arms.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
award of the PH and award of the PH (First Oak Leaf Cluster).

7.  Headquarters, 25th Infantry Division General Orders Number 7820, dated
31 October 1968, shows the applicant was awarded the PH for wounds received
on 27 October 1968.

8.  Headquarters, 25th Infantry Division General Orders Number 9066, dated
25 December 1968, shows the applicant was awarded the PH (First Oak Leaf
Cluster) for wounds received on 22 December 1968.

9.  The applicant provided three certificates awarding him the PH.  The
first was for wounds received in action on 27 October 1968, and the second
and third were for wounds received in action on 22 December 1968.  In
effect, he received two certificates for the same wounding incident – one
was authenticated by the 3rd Field Hospital Commander on 23 December 1968,
and the other by the 25th Infantry Division Commander on 25 December 1968.

10.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

11.  Headquarters, 25th Infantry Division General Orders Number 1401, dated
10 February 1969, shows the applicant was awarded the Army Commendation
Medal with "V" Device for heroism in connection with military operations
against a hostile force in the Republic of Vietnam on 22 December 1968.

12.  The applicant's DA Form 20 shows he had a character and efficiency
rating of "excellent" throughout his service on active duty and had no
convictions by courts-martial.

13.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  With the publication of the
new Army Regulation 672-5-1, in 1974, the requirement for all excellent
conduct and efficiency ratings was dropped and an individual was required
to show that he/she willingly complied with the demands of the military
environment, had been loyal and obedient, and faithfully supported the
goals of his organization and the Army.  Today, Army Regulation 600-8-22,
which replaced Army Regulation 672-5-1, notes that there is no automatic
entitlement to the Army Good Conduct Medal and disqualification must be
justified.  Current practice requires that the commander provide written
notice of nonfavorable consideration and permits the individual to respond.


14.  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 Company C, 4th Battalion, 9th Infantry, the unit was cited
for the award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Department of the Army General Orders Number 48, dated
1971 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation based on Department of the Army General Orders Number 51, dated
1971.

15.  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.  The applicant's records indicate he
participated in the Vietnam Counteroffensive, Phase IV, V, VI campaigns.

16.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in three campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show
three awards of the Purple Heart.  He provides three PH Certificates, but
two of the certificates are for the same wounding incident.

2.  General Orders awarded the applicant the PH and the PH (1st Oak Leaf
Cluster).  Therefore, he is entitled to correction of his records to show
two awards of the PH (i.e., PH with Oak Leaf Cluster) for wounds sustained
on 27 October 1968 and 22 December 1968.

3.  General Orders awarded the applicant the Army Commendation Medal with
"V" Device.  Therefore, he is entitled to correction of his records to show
the award of the Army Commendation Medal with "V" Device.

4.  Evidence of record shows that the applicant had 2 years of creditable
service at the time of discharge.  There is no evidence of any conviction
by court-martial contained in the applicant’s records.  Additionally, his
DA Form 20 shows that he was rated “excellent” in conduct and efficiency.
Therefore, he is entitled to correction of his records to show award of the
Army Good Conduct Medal.

5.  General Orders show the applicant's unit was awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation during his tenure with
the unit. These are not shown on his separation document, therefore he is
entitled to correction of his records to show these two foreign unit
awards.

6.  Records show that the applicant participated in three campaigns during
his service in Vietnam.  Therefore, he is entitled to award of three bronze
service stars to be affixed to his Vietnam Service Medal.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 December 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
4 December 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 are no time limitations on requests for award of
the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__slp___  __rml___  __jgh___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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.  deleting from his DD Form 214 the award of the PH; and

      b.  adding the Army Commendation Medal with "V" Device, the Purple
Heart (1st Oak Leaf Cluster), the Army Good Conduct Medal for the period of
service 6 December 1967 through 5 December 1969, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation, and three bronze service
stars to be affixed to his Vietnam Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the award of a third Purple Heart (i.e., Purple Heart with 2nd Oak Leaf
Cluster).



                                  Shirley L. Powell
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000914                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060815                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0020                                |
|2.                      |107.0015                                |
|3.                      |107.0056                                |
|4.                      |107.0094                                |
|5.                      |107.0095                                |
|6.                      |                                        |


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