RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            12 September 2006
      DOCKET NUMBER:   AR20060002404


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen Raub                    |     |Chairperson          |
|     |Ms. Linda Barker                  |     |Member               |
|     |Mr. Qawly Sabree                  |     |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 that his report of separation (DD Form 214) be
corrected to reflect his second award of the Purple Heart and that his date
of birth (DOB) be corrected.

2.  The applicant states, in effect, that he was awarded two Purple Hearts
for wounds received in Vietnam and his DD Form 214 only reflects one award.
 He also states that his DOB is incorrectly reflected as 12 September 1950
and it should be 14 September 1950.

3.  The applicant provides copies of his Purple Heart Certificates and a
copy of his birth certificate showing his DOB as 14 September 1950.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 8 December 1971.  The application submitted in this case is
dated 3 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.  He enlisted in Jacksonville, Florida on 18 February 1970 for a period
of 2 years and all of his records indicate that his DOB was 14 September
1950.  He was transferred to Fort Jackson, South Carolina to undergo his
training.  He completed his training as an Infantry Indirect Fire Crewman
and was transferred to Vietnam on 11 September 1970.

4.  He was assigned to Company D, 2nd Battalion, 27th Infantry Regiment,
25th Infantry Division and was advanced to the pay grade of E-4 on 12
December 1970.  On 13 January 1971, he sustained shrapnel wounds to the
neck and right wrist.  On 9 February 1971, he sustained a bullet wound to
the right leg.  He was awarded Purple Hearts on 10 and 15 February 1971.
He was medically evacuated to a hospital in Okinawa on 16 February 1971 and
was subsequently evacuated to a hospital at Fort Gordon, Georgia.
5.  On 2 September 1971, he was transferred to Fort Carson, Colorado, where
he remained until he was honorably released from active duty (REFRAD) on
8 December 1971, under the provisions of Army Regulation 635-200, paragraph
5-3, for good and sufficient reasons when determined by Secretarial
Authority.  He had served 1 year, 9 months and 21 days of total active
service and his DD Form 214 issued at the time of his REFRAD indicates that
his DOB was 12 December 1950 and he was awarded the National Defense
Service Medal, the Vietnam Service Medal (VSM), the Combat Infantryman
Badge and the Purple Heart.

6.  A review of his records shows that he had excellent conduct and
efficiency ratings throughout his service and his record is void of any
derogatory information that would serve to disqualify him for award of the
Good Conduct Medal (GCMDL).

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Vietnam Campaign Medal.  This medal was awarded by the
Government of Vietnam to all members of the Armed Forces of the United
States for qualifying service in Vietnam during the period 1 March 1961
through 28 March 1973.  Qualifying service included assignment in Vietnam
for 6 months or more or for less than 6 months if wounded by hostile
forces.

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 unit to which the applicant
was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation.  Additionally, the applicant served in one
campaign while assigned to Vietnam and is authorized one bronze service
star to be worn on his already awarded VSM.

9.  Army Regulation 600-8-22 establishes the criteria for award of the
GCMDL.  It states, in pertinent part, that the GCMDL was established by
Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323,
1943 and by Executive Order 10444, 10 April 1953 and is awarded for
exemplary behavior, efficiency, and fidelity in active Federal military
service.  The regulation also states, in pertinent part, that for first
award only, upon termination of service on or after 27 June 1950, a period
of service of less than 3 years but more than 1 year qualifies for award of
the GCMDL.  The regulation outlines the criteria for award of the GCMDL and
provides, in pertinent part, that the GCMDL is awarded for exemplary
behavior, efficiency, and fidelity in active Federal military service.  It
is awarded on a selective basis to each soldier who distinguishes him or
herself from among their fellow soldiers by their exemplary conduct,
efficiency, and fidelity throughout their service.

DISCUSSION AND CONCLUSIONS:

1.  At the time he enlisted, his records were prepared to reflect his DOB
as
14 September 1950.  However, it appears that an administrative error
resulted in his DOB being incorrectly entered on his DD Form 214 as 12
September 1950.  Accordingly, it would be in the interest of justice to
correct his records at this time to show that his DOB is 14 September 1950.


2.  The evidence of record also establishes that he was wounded in action
in Vietnam on 13 January and 9 February 1971 and that he was awarded Purple
Hearts for both of those wounds.  Therefore, it would be appropriate to
correct his records at this time to show that he is entitled to the Purple
Heart with 1 Oak Leaf Cluster (OLC).

3.  The applicant is also entitled to be awarded the Republic of Vietnam
Campaign Medal (RVNCM) by virtue of being wounded before completing 6
months of service in Vietnam.

4.  After carefully examining the applicant’s record of service, it appears
that the applicant should have received the GCMDL for his service from 18
February 1970 to 8 December 1971.  This conclusion is based on the fact
that the record is void of any derogatory information, which would preclude
the applicant from being awarded the GCMDL, and the lack of any specific
action by the applicant’s unit commander to disqualify him from receiving
the award

5.  Additionally, the applicant is also entitled to be awarded the RVNGC
w/Palm Unit Citation and one bronze service star for wear on his already
awarded VSM to denote his campaign participation.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 December 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
7 December 1974.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence, it would be in the
interest of justice to excuse failure to timely file in this case.




BOARD VOTE:

____AR _  ___LB  __  ___QS__  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 showing that he was awarded the Purple
Heart with  1 OLC (vice Purple Heart as currently reflected), that his DOB
be corrected to reflect 14 September 1950 (vice 12 September 1950) and that
he be awarded the GCMDL for the period of 18 February 1970 to 8 December
1971, the RVNCM, the RVNGC w/Palm Unit Citation and one bronze service star
for wear on his already awarded VSM.





                            ______  Allen Raub_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002404                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19711208                                |
|DISCHARGE AUTHORITY     |AR 635-200, Para 5-3                    |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |46/de                                   |
|1.107.0000              |                                        |
|2.110.0000              |189/corr 214                            |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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