RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 November 2006
      DOCKET NUMBER:  AR20060005165


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald L. Lewy                |     |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, two additional awards of the Purple
Heart.

2.  The applicant states, in effect, that he was wounded on 10 August 1969
and he received medical treatment that was documented by the unit's field
medic on a DA Form 1380 (U.S. Field Medical Card).  The applicant further
states that medic who treated his wound had the U.S. Field Medical Card on
his person when he was killed in action and the document is not available
to him.  The applicant also states that he was wounded on 14 September 1969
and received fragmentation wounds to his left leg and right arm, but was
not awarded the Purple Heart.

3.  The applicant provides a copy of a DA Form 1380, dated 14 September
1969, and his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge), with an effective date of 19 February 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 February 1970, the date of his release from active duty.
The application submitted in this case is dated 29 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's military service records show that he was inducted into
the Army of the United States on 1 July 1968.  Upon completion of basic
combat training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant's military service records show that he was assigned to
Company B, 3rd Battalion, 21st Infantry, 196th Infantry Brigade in Vietnam
from
20 June 1969 through 26 September 1969.  He was honorably released from
active duty on 19 February 1970 after serving for a total of 1 year, 7
months, and 19 days.
5.  The applicant's DD Form 214, issued at the time of his release from
active duty shows in Item 24 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) that he was awarded
the Bronze Star Medal, Purple Heart, National Defense Service Medal,
Republic of Vietnam Campaign Medal with "1960" device, Combat Infantryman
Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle
Bar.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 9
June 1969 through 15 October 1969.  Item 39 (Campaigns) of this document is
absent any entries.  Item 41 (Awards and Decorations) of the DA Form 20
shows that the applicant was awarded the Purple Heart, National Defense
Service Medal, Republic of Vietnam Campaign Medal with "1960" device,
Vietnam Service Medal, Combat Infantryman Badge, and Sharpshooter
Marksmanship Qualification Badge with Rifle Bar.  Item 40 (Wounds) shows
that the applicant sustained a gunshot wound to his right foot on 22
September 1969.

7.  The applicant's military service records contain a copy of
Headquarters, Valley Forge General Hospital, Phoenixville, Pennsylvania,
General Orders Number 65, dated 25 November 1969, which shows that he was
awarded the Purple Heart for wounds received in connection with military
operations against a hostile force in the Republic of Vietnam on 22
September 1969.

8.  The applicant's name is listed on The Adjutant General, Casualty
Division's Vietnam Casualty Roster as having been wounded in action in
Vietnam on
22 September 1969.

 9.  There are no other orders in the applicant’s service personnel record
which show that he was authorized any additional awards of the Purple
Heart.  There also is no evidence in his records or on The Adjutant
General, Casualty Division's Vietnam Casualty Roster that shows he was
wounded or treated for wounds as a result of hostile action, other than on
22 September 1969.

10.  The applicant's military service records contain a Standard Form (SF)
88 (Report of Medical Examination), dated 12 February 1970, which documents
the applicant's medical examination at the time of his separation.  Item 39
(Identifying Body Marks, Scars, Tattoos) contains an "X" under the
"Abnormal" column.  In the area of the SF 88 for Clinical Evaluation Notes,
reference is made to Item 39 and shows, in pertinent part, the entry,
"Scar, 8 cm., lateral left thigh."


11.  In support of his application, the applicant provides his DD Form 214
and a copy of a DA Form 1380 (U.S. Field Medical Card), dated 14 September
1969.  The DA Form 1380 shows that, while assigned to Company B, 3rd
Battalion,
21st Infantry, 196th Infantry Brigade (Vietnam), the applicant came under
attack and received a fragmentation wound to his left leg and right arm as
a result of enemy action at 0345 hours on 4 September 1969 (emphasis
added).  This document also shows that the applicant's wounds were treated
and the applicant was released at 0445 hours on 14 September 1969 (emphasis
added).

12.  A review of the applicant's records reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

13.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of “excellent” throughout his service.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the Vietnam Summer-Fall 1969 campaign.

15.  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 that, at the time of the
applicant's assignment to Company B, 3rd Battalion, 21st Infantry
(Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross
with Palm Unit Citation by Headquarters, Department of the Army, General
Orders Number 6 (1974).

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
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.  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.  This Army regulation also provides that an oak
leaf cluster is awarded to denote the second and each succeeding award of
certain decorations, among which is the Purple Heart.  There is no statute
of limitations governing requests for award of the Purple Heart.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service.  After 27 June 1950 to the present time, the
current standard for award of the Good Conduct Medal is 3 years of
qualifying service, but as little as one year is required for the first
award in those cases when the period of service ends with the termination
of Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign.

19.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to two additional awards of
the Purple Heart because he was wounded on 10 August 1969 and 14 September
1969, but was not awarded the Purple Heart for these two incidents.

2.  The evidence of record shows that the applicant was awarded the Purple
Heart for wounds received in action on 22 September 1969.

3.  The evidence of record shows that the applicant received fragmentation
wounds to his left leg and right arm as a result of hostile action in
Vietnam on
4 September 1969, his wounds required treatment, and the treatment was made
a matter of official record on 14 September 1969.  The evidence of record
also shows that the physician who conducted a physical examination of the
applicant at the time of his separation from active duty noted, in
pertinent part, that the applicant had a scar on his lateral left thigh.
(The Board notes that the applicant claims 14 September 1969 as the date he
was wounded in action.  While the evidence of record is conflicting as to
the date the applicant sustained this particular wound (i.e., 4 versus 14
September 1969), the evidence of record clearly shows that the applicant
was wounded and received treatment for the wounds.  Consequently, the Board
concludes that the 4 September 1969 date that was recorded on the DA Form
1380 as the date of the injury was a mere administrative error made during
the heat of battle and defers to the date that the field medical official
entered at the time the patient was released
(i.e., 14 September 1969) as the date of the injury.)  The evidence of
record further shows that 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.  Therefore, in view of the foregoing,
the applicant is entitled to a second award of the Purple Heart (i.e.,
Purple Heart (1st Oak Leaf Cluster)).

4.  The applicant also contends that he was wounded on 10 August 1969 and
received medical treatment that was documented by his unit's field medic on
a U.S. Field Medical Card.  However, the applicant states that the medic
who treated his wound had the document on his person when he was killed in
action and the document is not available to him.  While the Board does not
dispute the veracity of the applicant's claim, there is no medical evidence
of record, and the applicant fails to provide sufficient documentary
evidence, to show that he was wounded or treated for wounds as a result of
hostile action on 10 August 1969.  Therefore, the applicant is not entitled
to a third award of the Purple Heart
(i.e., Purple Heart (2nd Oak Leaf Cluster)).

5.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 1 July 1968 through 19 February 1970 based on completion of
a period of qualifying service ending with the termination of a period of
Federal military service.  Therefore, he is entitled to correction of his
records to show this award.

6.  Records show that the applicant served in one campaign in Vietnam.
Therefore, he is entitled to correction of his records to show award of 1
bronze service stars to be affixed to his Vietnam Service Medal.

7.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 February 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
18 February 1973.  Although the request was not submitted within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file based on the fact that there is no statute of limitations on
requests for award of the Purple Heart.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___WFC_  ___AM__  ___DLL__  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.  awarding the applicant the Purple Heart (1st Oak Leaf Cluster)
for wounds received in action on 14 September 1969;

      b.  awarding the applicant the Good Conduct Medal (First Award) for
exemplary conduct efficiency, and fidelity during the period 1 July 1968
through 19 February 1970;

      c.  correcting his DD Form 214 to delete the Purple Heart; and

      d.  correcting his DD Form 214 to add the Purple Heart (1st Oak Leaf
Cluster), Good Conduct Medal (First Award), Vietnam Service Medal with
1 bronze service star, and the Republic of Vietnam Gallantry Cross with
Palm Unit Citation.

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
a third award of the Purple Heart (i.e., Purple Heart (2nd Oak Leaf
Cluster)).



                            _____William F. Crain    ___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005165                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19700219                                |
|DISCHARGE AUTHORITY     |AR 635-200, SPN 412                     |
|DISCHARGE REASON        |Early Release                           |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0056.0000                           |
|3.                      |107.0094.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]