RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 October 2006
      DOCKET NUMBER:  AR20060004248


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth Wright                |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Ms. Sherry 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 correction of his DD Form 214 (Report of
Separation from Active Duty) for the period ending 10 October 1974 to show
award of the Purple Heart.

2.  The applicant states, in effect, that he was wounded in action on 14
May 1970 in Vietnam.  He contends that he was given the Purple Heart medal
while in the hospital in Japan and he never received the paperwork.

3.  The applicant provides DD Forms 214 (Report of Transfer or Discharge)
for the periods ending 10 October 1968 and 10 October 1974; and numerous
service medical records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 October 1974.  The application submitted in this case is
dated 17 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 applicant enlisted on 25 March 1966 for a period of 3 years.  He
arrived in Vietnam on 24 April 1967.  He served as a track vehicle mechanic
assigned to the 382nd Transportation Detachment of the 1st Cavalry Division
in Vietnam from 27 April 1967 through 23 October 1968.  On 10 October 1968,
the applicant was honorably discharged for immediate reenlistment.

4.  The applicant’s DD Form 214 for the period ending 10 October 1968 shows
the National Defense Service Medal, the Vietnam Service Medal, the Republic
of Vietnam Campaign Medal with Device 1960, and two awards of the Overseas
Service Bar as authorized awards.

5.  The applicant reenlisted on 11 October 1968 for a period of 6 years.
He served his second tour in Vietnam assigned to Headquarters and
Headquarters Company, 1st Brigade, 1st Cavalry Division from 29 August 1969
until he was wounded on 14 May 1970 and transferred to the United States on
30 May 1970 for further medical treatment.  He served his third tour in
Vietnam assigned to Troop C, 2nd Squadron of the 17th Cavalry from 15
February 1971 through
11 June 1971.  On 10 October 1974, the applicant was honorably discharged.


6.  The applicant’s DD Form 214 for the period ending 10 October 1970 shows
the National Defense Service Medal, the Vietnam Service Medal with one
silver service star and one bronze service star, the Republic of Vietnam
Campaign Medal with Device 1960, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, the Army Commendation Medal with “V” Device, two
awards of the Good Conduct Medal, and the Expert Marksmanship Qualification
Badge with Rifle Bar as authorized awards.

7.  There are no orders for the Purple Heart in the applicant’s service
personnel records.  However, item 40 (Wounds) on the applicant's DA Form 20
(Enlisted Qualification Record) shows he was wounded in action on 14 May
1970.  The Vietnam Casualty Roster also shows he was wounded as a result of
hostile action on 14 May 1970.

8.  In support of his claim, the applicant provided a Clinical Record Cover
Sheet, dated 15 May 1970, which states he was accidentally injured on 14
May 1970 in Vietnam.  He also provided several service medical records
which state he was wounded as a result of hostile action on 14 May 1970.


9.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
13918, dated 12 November 1968, show the applicant received the Army
Commendation Medal for meritorious service during the period October 1967
to October 1968.

10.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
7896, dated 16 May 1970, show the applicant received the Army Commendation
Medal with “V” Device for heroism on 14 May 1970 in Vietnam.

11.  Records show the applicant participated in nine campaigns during his
three assignments in Vietnam.

12.  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 applicant’s unit (Headquarters
and Headquarters Company, 1st Cavalry Division) is entitled to award of the
Valorous Unit Award for actions during the period 1 May 1970 to 29 June
1970 based on Department of the Army General Orders Number 43, dated 1970.


13.  Department of the Army Pamphlet 672-3 shows the applicant's unit
(382nd Transportation Detachment) is entitled to the Meritorious Unit
Commendation for actions during the period 1 June 1967 to 29 February 1968
based on Department of the Army General Orders Number 18, dated 1979.

14.  Department of the Army Pamphlet 672-3 shows the applicant’s unit
(382nd Transportation Detachment) is entitled to one award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation based on Department of
the Army General Orders Number 21, dated 1969; his unit (Headquarters and
Headquarters Company, 1st Brigade, 1st Cavalry Division) is entitled to one
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 11, dated 1973; and
his unit (2nd Squadron, 17th Cavalry) is entitled to one award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 6, dated 1974.

15.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit (Headquarters and Headquarters Company, 1st Brigade, 1st Cavalry
Division) is entitled to award of the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation based on Department of the Army
General Orders Number 42, dated 1972.

16.  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.

17.  Army Regulation 600-8-22 states, in pertinent part, that the bronze
oak leaf cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Army Commendation Medal.

18.  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.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.

19.  Paragraph 6 (Miscellaneous Information) of Department of the Army
Pamphlet 672-3 states that only one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation may be worn; however, records
should show entitlement to all authorized awards of this foreign unit
award.

DISCUSSION AND CONCLUSIONS:

1.  Although the Clinical Record Cover Sheet, dated 15 May 1970, shows the
applicant was accidentally injured on 14 May 1970 in Vietnam, the
preponderance of evidence of record shows the applicant was wounded in
action on 14 May 1970 as a result of hostile action in Vietnam.  Therefore,
the service medical records and the entry on the Vietnam Casualty Roster
which show the applicant was wounded on 14 May 1970 as a result of hostile
action are accepted as sufficient evidence on which to base award of the
Purple Heart and correction of his DD Form 214 for the period ending 10
October 1974 to show this award.

2.  The applicant’s DD Form 214 for the period ending 10 October 1974 shows
the Army Commendation Medal with “V” Device.  However, orders show the
applicant received two awards of the Army Commendation Medal, one award for
meritorious service.  Therefore, this DD Form 214 should be corrected to
show the Army Commendation Medal with First Oak Leaf Cluster with “V”
Device.

3.  The applicant’s DD Form 214 for the period ending 10 October 1974 shows
the Vietnam Service Medal with one silver service star and one bronze
service star.  However, the applicant participated in nine campaigns during
his three assignments in Vietnam which entitles him to the Vietnam Service
Medal with one silver service star and four bronze service stars.
Therefore, this DD Form 214 should be corrected to show the Vietnam Service
Medal with one silver service star and four bronze service stars.

4.  The applicant’s units were cited for the Valorous Unit Award, the
Meritorious Unit Commendation, and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation while he was assigned to them.

5.  The applicant’s DD Form 214 for the period ending 10 October 1974 shows
one award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.  However, the applicant's three different units were awarded one
award each of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and so he is entitled to wear one of those awards.  However, his
DD Form 214 for the period ending 10 October 1974 should be corrected to
show two additional awards of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation.

6.  Records show the applicant should have discovered the alleged error now
under consideration on 10 October 1974; therefore, the time for the
applicant to file a request for correction of any error expired on 9
October 1977.  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 is no statute of limitations on requests for award
of the Purple Heart.

BOARD VOTE:

KW____  ___TR___  _SS_____  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:

      a.  awarding him the Purple Heart for wounds received in action on
14 May 1970 in Vietnam; and

      b.  amending his DD Form 214 for the period ending 10 October 1974 to
add the Purple Heart and to show that he was awarded the Army Commendation
Medal with First Oak Leaf Cluster with “V” Device, the Vietnam Service
Medal with one silver service star and four bronze service stars, the
Valorous Unit Award, the Meritorious Unit Commendation, the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation, and two
additional awards of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.




                            __Kenneth Wright______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004248                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061003                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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