RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       11 October 2006
      DOCKET NUMBER:  AR20060003738


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Patrick H. McGann, Jr.        |     |Chairperson          |
|     |Mr. David R. Gallagher            |     |Member               |
|     |Mr. Roland S. Venable             |     |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 records be corrected to show he was
awarded two Purple Hearts.

2.  The applicant states, in effect, that he was wounded in a helicopter
accident in 1969 and a second time in March 1970.

3.  The applicant provides copies of a 26 March 1970 Standard Form 600
(Chronological Record of Medical Care) and a Department of Veterans Affairs
(VA) 2 August 1982 Standard Form 507 (Rating Examination).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 29 July 1971, the date of his release from active duty.  The
application submitted in this case is dated 1 March 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 records show the applicant entered active duty 30 July 1969,
completed training and was awarded the military occupational specialty
(MOS) 11B (Light Weapons Infantryman).

4.  He served in Vietnam from 7 January 1970 through 26 November 1970 with
Company D, 5th Battalion, 46th Infantry Regiment.

5.  A 26 March 1970 Standard Form 600 shows the applicant was treated for
an infection on his right leg as the result of injuries from a pungi stick.

6. The applicant was honorably released from active duty and transferred to
the United States Army Reserve (USAR) on 29 July 1971 with 2 years of
creditable active service.

7.  The applicant's records show he was awarded the Army Commendation
Medal, the National Defense Service Medal, the Vietnam Service Medal with
three bronze service stars, the Republic of Vietnam Campaign Medal, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Combat
Infantryman Badge.

8.  On 14 September 1971 the Office of the Adjutant General, USAR
Components Personnel and Administrative Center, St. Louis, Missouri
notified the applicant he had been awarded the Air Medal.

9.  A 2 August 1982 Standard Form 507 states the applicant had been injured
in a helicopter accident with lacerations to his left knee.  The physical
examination shows scars that are well healed and nontender with no
abnormalities palpable.

10.  A review of the Vietnam Casualty List failed to locate the applicant's
name and his records do not contain any indication of award of the Purple
Heart.

11.  Army Regulation 600-8-22, paragraph 2-8 provides for award of the
Purple Heart to an individual who is wounded in action against an enemy of
the United States, the armed force of a foreign country which is or has
been engaged, while serving with a friendly foreign forces against an
opposing force even though the U.S. is not engaged, as the result of any
act of such enemy or opposing force or as a result an act of any hostile
foreign force.  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.


DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the findings on the VA Standard Form 507, there is
insufficient evidence to corroborate a finding that the applicant sustained
an injury as the result of hostile action or received medical care for such
an injury in 1969.  Further the records do not indicate the applicant was
in Vietnam until January 1970, therefore award of the Purple Heart is not
warranted for this injury.

2.  The applicant's service medical records show the applicant received
treatment for an injury to his right leg as a result of a pungi stick
wound.  Since pungi sticks were stakes driven into pits to injure allied
forces they constitute instruments of war.  Therefore, the injury does meet
the provisions for award of the Purple Heart.

3.  In addition to the awards listed on the applicant's DD Form 214 (Report
of Transfer or Discharge) and DD Form 215 (Correction to Form 214), the
applicant was also awarded the Air Medal and his records should be
corrected to show this award.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 July 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 28 July 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:

________  ________  ________  GRANT FULL RELIEF

__PHM__  __DRG__  __RSV__  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 awarding him the Purple
Heart for wounds received on or about 26 March 1970.

2.  The Board further determined that the evidence presented is sufficient
show that, in addition to the awards listed the applicant's DD Form 214 and
DD Form 215, the applicant was also authorized award of the Air Medal.

3.  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 a second Purple Heart.



                            _Patrick H. McGann, Jr. ___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060003738                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061011                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS)                             |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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