RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      3 October 2006
      DOCKET NUMBER:  AR20060002340


      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. Stephanie Thompkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Sherry J. Stone               |     |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 Purple Heart with Oak
Leaf Cluster, the Bronze Star Medal, and correction to Item 26 of his DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) to show the Recondo School.

2.  The applicant states, in effect, a DD Form 215 (Correction to DD Form
214) should be issued.  He also states that his Purple Heart was issued
with no Oak Leaf Cluster (3rd Award).  His orders and citation should be
reviewed.  His records should be amended to include a second Oak Leaf
Cluster on the DD Form 215.  The issuance of the Combat Infantryman Badge
should entitle him to a Bronze Star Medal (Achievement).  No Bronze Star
Medal is shown in his records.  He further states that his military schools
should include the Recondo School, Nha Trang, Vietnam, for one month in
country.  He requested that his DD Form 214 be amended in the interest of
accurately representing military awards and schools that have been
documented with this request.

3.  The applicant provides copies of his DA Form 20 (Enlisted Qualification
Record), his orders for the third award of the Purple Heart and the
certificate, his training completion certificate, and his DD Form 214, in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 8 June 1970, the date of his release from active duty.
The application submitted in this case is dated 1 February 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's military records show that he enlisted in the Regular
Army, in pay grade E-1, on 14 August 1967.  He completed basic and advanced
individual training and was assigned military occupational specialty 11B,
light weapons infantryman.

4.  His records show that he served in the Republic of Vietnam from
13 March 1968 through 12 January 1969, with Company B, 1st Battalion, 503rd
Infantry, 173rd Airborne Brigade, for three campaigns and with the 74th
Infantry for one campaign.

5.  His records show he was in a patient status at the Patient Casual
Company from 10 May 1968 through 19 May 1968 with a fragmentation wound to
the face. His records contain a casualty report, dated 11 May 1968, which
shows the applicant suffered fragment wounds to the face on 10 May 1968 and
was treated at the 17th Field Hospital.

6.  His DA Form 20, Item 41, shows he was awarded a Purple Heart per
General Orders Number 71, dated 19 May 1968, for wounds received in action.

7.  The applicant submits a copy of General Orders Number 331, dated
15 December 1968, for wounds received in action in the Republic of Vietnam
on 13 December 1968.

8.  His records also contain an undated Casualty Report, which shows the
applicant sustained fragmentation wounds to the left foot, right leg, and
abdomen on 14 December 1968 and was treated at the 67th Evacuation
Hospital.

9.  The applicant also submits a copy of a Purple Heart certificate, dated
15 December 1968, that shows he was awarded a Purple Heart with second oak
leaf cluster for wounds received in action in the Republic of Vietnam on
13 December 1968.

10.  His DA Form 20 also shows he was in a patient status at the 7th [sic]
Field Hospital from 2 January 1969 through 13 January 1969 with fragment
wounds to the left foot, right leg, and abdomen.  He was transferred to the
Naval Hospital, Chelsea, Massachusetts, and listed in a patient status from
13 January 1969 through 6 March 1969.

11.  The applicant also submits a copy of a certificate of training that
shows he successfully completed the Long Range Patrol Course on an unknown
date.  A copy of this certificate was not located in his official military
personnel file and the course is not listed on his DA Form 20.

12.  His DA Form 20 shows he completed 3 weeks of the Basic Airborne
Training, Basic Combat Training, and Advanced Individual Training at Fort
Dix, New Jersey, and Fort Gordon, Georgia.  His records do not show he
completed the Recondo School or the Long Range Patrol Course while he was
serving in Vietnam.

13.  He was released from active duty, in pay grade E-4, on 8 July 1970,
and transferred to the United States Army Reserve (USAR).

14.  Entries on his DD Form 214, Item 24 list the following awards:  the
National Defense Service Medal, One Overseas Service Bar, the Vietnam
Service Medal with two bronze service stars, the Republic of Vietnam
Campaign Medal with Device 60, the Expert Marksmanship Qualification Badge
(M-14/M-60), the Marksman Marksmanship Qualification Badge (M-16), the
Parachutist Badge, the Combat Infantryman Badge (1st Award), and the Good
Conduct Medal (1st Award).  Item 30 (Remarks) lists the following awards:
the Purple Heart and the Air Medal.  Entries on the applicant’s DD Form 214
do not show award of the Bronze Star Medal.  The Purple Heart is shown but
without oak leaf cluster to indicate a second or subsequent award.

15.  Item 26 (Education and Training Completed) does not list the Recondo
School or the Long Range Patrol Course of one month duration.

16.  He was discharged from the USAR of his Expiration of Term of Service
on 1 August 1973.

17.  The Vietnam Casualty Report, page 1275, lists the applicant as wounded
in action on 14 December 1968.

18.  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.  The regulation also states that the Purple Heart is not
governed by the statute of limitations.

18.  Army Regulation 600-8-22 also provides that a Purple Heart is
authorized for the first wound suffered under the above conditions, but for
each subsequent award an Oak Leaf Cluster will be awarded.  Not more than
one award will be made for more than one wound or injury received at the
same instant or from the same missile, force, explosion, or agent.

19.  Army Regulation 600-8-22 further 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.

20.  Army Regulation 600-8-22 also provides, in pertinent part, that the
Bronze Star Medal is awarded for heroism and for meritorious achievement or
service in military operations against an armed enemy.  The Bronze Star
Medal is authorized for each individual who was cited in orders or awarded
a certificate for exemplary conduct in ground combat between 7 December
1941 and 2 September 1945 or whose achievement or service, during that
period, was confirmed by documents executed prior to 1 July 1947.  An award
of the Combat Infantryman Badge or the Combat Medical Badge is considered
to be a citation in orders.  Therefore, the Bronze Star Medal is to be
awarded to individuals who were authorized either badge for service during
World War II.  Since the applicant did not serve in World War II and this
provision did not apply during the Vietnam Conflict, this award will not be
discussed further in this Record of Proceedings.

21.  Army Regulation 600-8-22 also authorizes 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 campaign or service medal including the Vietnam Service
Medal.

22.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the United States Army Vietnam.

23.  Army Regulation 635-5 prescribes the policy for the preparation of
separation documents prepared for Soldiers upon retirement, discharge, or
release from active military service or control of the Army.  The
regulation specifies that Item 26, of the DD Form 214, will list resident
training courses of 40 hours or more successfully completed during the
period of service and show the year completed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to award of the Purple Heart with Two Oak
Leaf Clusters.  The evidence of record shows that he was awarded a Purple
Heart (3rd Award) with Two Oak Leaf Clusters for wounds he received in
Vietnam on 10 May 1968, 13 December 1968, and 14 December 1968, as a result
of hostile action and the medical treatment was made a matter of official
medical record.

2.  The evidence of record further shows that based on his service in
Vietnam, the applicant is entitled to the Republic of Vietnam Gallantry
Cross with Palm Unit Citation and award of two additional bronze service
stars for the Vietnam Service Medal.  As a result, it would also be
appropriate to add these awards to his record at this time.

3.  In view of the circumstances in this case, the applicant is not
entitled to correction of his DD Form 214, Item 26, to show he completed
the Recondo School or the Long Range Patrol Course while on active duty in
Vietnam.  There is no evidence, and the applicant has provided insufficient
documentation to substantiate his contention.

4.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 June 1970, the date of his
separation from active duty; therefore, the time for the applicant to file
a request for correction of any error or injustice expired on 7 June 1973.
The applicant did not file within the 3-year statute of limitations.
However, since award of the Purple Heart is not governed by a statute of
limitations, it is appropriate to waive failure to timely file in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___KLW_  __SJS __  __TMR__  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 showing award of the
Purple Heart with Two Oak Leaf Clusters for wounds received as a result of
enemy action in the Republic of Vietnam on 10 May 1968, 13 December 1968,
and 14 December 1968; the Republic of Vietnam Gallantry Cross with Palm
Unit Citation; and two additional bronze service stars for his Vietnam
Service Medal; by adding them to the list of awards contained on his DD
Form 214; and by providing him a correction to his separation document that
includes these awards.
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
award of the Bronze Star Medal based on award of the CIB and showing he
completed the Recondo School or the Long Range Patrol Course on his DD Form
214.




                            ___Kenneth L. Wright_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002340                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061003                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.15                                  |
|2.                      |107.94                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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