RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         23 January 2007
      DOCKET NUMBER:  AR20060006070


      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. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Ms. Ernestine I Fields            |     |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, a third award of the Purple Heart.

2.  The applicant states, in effect, that while serving in Vietnam he was
awarded and received three Purple Heart medals.  He also states, in effect,
that he was wounded on three separate occasions: on 17 June 1968, 20 July
1968, and
27 July 1968; however, the Purple Heart for the last wound he sustained did
not get recorded on his discharge document.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), with an effective date of
28 November 1969 and VA Form 21-4138 (Department of Veterans Affairs -
Statement in Support of Claim), dated 25 February 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 November 1969, the date of his separation from active duty.
The application submitted in this case is dated 12 April 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 29 November 1967.  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 C, 1st Battalion (Mechanized), 50th Infantry, 173rd Airborne
Brigade in Vietnam from 23 May 1968 through 1 June 1968.  He was then
assigned to Company B, 1st Battalion (Mechanized), 50th Infantry, 173rd
Airborne Brigade from 2 June 1968 to 17June 1968, when he was reassigned as
a patient to the U.S. Army Vietnam, Patient Casualty Company, 67th
Evacuation Hospital, where he remained until 28 June 1968.  The applicant
was then assigned to Company B, 1st Battalion (Mechanized), 50th Infantry,
173rd Airborne Brigade from
29 June 1968 to 27July 1968.  On 27 July 1968, he was reassigned as a
patient to the U.S. Army Vietnam, Patient Casualty Company, 67th Evacuation
Hospital, where he remained until 1 September 1968.  The applicant was then
assigned to Company B, 1st Battalion (Mechanized), 50th Infantry, 173rd
Airborne Brigade from 2 September 1968 through 1 February 1969.  He was
subsequently assigned to Headquarters and Headquarters Detachment, 173rd
Support Battalion (Airborne), 173rd Airborne Brigade, where he served as a
Red Cross Driver until he departed Vietnam on 26 May 1969.  The applicant
was honorably released from active duty on 28 November 1969 after
completing a total of
2 years of active service.

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 Purple Heart (2nd Award), Combat Infantryman Badge, National Defense
Service Medal, Republic of Vietnam Campaign Medal, and Vietnam Service
Medal.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 12
May 1968 through 28 May 1969.  Item 39 (Campaigns) of this document shows
that he participated in the Vietnam Counteroffensive Phase IV and Vietnam
Counter-offensive Phase V campaigns.

7.  Item 40 (Wounds) of the applicant's DA Form 20 contains two entries.
The first entry shows that the applicant sustained a laceration to his jaw
and scalp, along with a broken upper incisor, on 17 June 1968.  The second
entry shows that he sustained a fragmentation wound to his left shoulder
and right hand on
27 July 1968.

8.  Item 41 (Awards and Decorations) of the DA Form 20 shows that the
applicant was awarded the Purple Heart (1st Oak Leaf Cluster), Combat
Infantryman Badge, National Defense Service Medal, Vietnam Service Medal,
Republic of Vietnam Campaign Medal with "1960" Device, Expert Marksmanship
Qualification Badge with Rifle Bar, and 2 Overseas Service Bars.  Item 41
also shows, in pertinent part, an entry for a Purple Heart that was awarded
under authority of Headquarters, 173rd Airborne Brigade (Vietnam), General
Orders Number 1989, and that the medal was issued to the applicant;
however, this entry is lined-through indicating the entry was deleted from
Item 41.  Item 41 also shows, in pertinent part, an entry for a Purple
Heart (1st Oak Leaf Cluster) that was awarded under authority of
Headquarters, 173rd Airborne Brigade (Vietnam), General Orders Number 152,
and that the medal was issued to the applicant.  Item 41 of the DA Form 20
further shows, in pertinent part, an entry for a Purple Heart that was
awarded under authority of Headquarters,
173rd Airborne Brigade, General Order Number 1122, dated 5 May 1969, and
that the medal was issued to the applicant.

9.  The applicant's military service records contain a copy of
Headquarters, U.S. Army Vietnam, Casualty Report message, date-time-group
182141Z June 1968, which shows that he was injured as a result of hostile
action on 17 June 1968.  This document further shows that the applicant
sustained a laceration to his jaw and scalp, with a broken upper incisor,
when his vehicle hit a hostile mine.

10.  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
17 June 1968.

11.  The applicant's military service records contain a copy of
Headquarters,
85th Evacuation Hospital (Airmobile) (Vietnam), General Order Number 28,
dated 15 April 1969, which shows that he was awarded the Purple Heart
(First Award) for wounds received in action on 17 June 1968.

12.  The applicant's military service records contain a copy of
Headquarters, 173rd Airborne Brigade (Vietnam), General Order Number 1122,
dated 5 May 1969, which shows that he was awarded the Purple Heart for
wounds received in connection with military operations against a hostile
force on 17 June 1968.

13.  The applicant's military service records contain a copy of
Headquarters, 173rd Airborne Brigade (Vietnam), General Orders Number 1989,
dated 25 July 1968, which shows that he was awarded the Purple Heart for
wounds received in connection with military operations against a hostile
force on 20 July 1968.

14.  The applicant's military service records contain a copy of
Headquarters, 173rd Airborne Brigade (Vietnam), General Orders Number 152,
dated
21 January 1969, which amended Headquarters, 173rd Airborne Brigade
(Vietnam), General Orders Number 1989 (1968), to read "Awarded:  Purple
Heart (First Oak Leaf Cluster)."

15.  There are no orders in the applicant’s military service records which
show that he was authorized a third award of the Purple Heart.

16.  The applicant's military service records contain a Standard Form (SF)
89 (Report of Medical History), dated 6 October 1969, which was completed
by the applicant at the time of his medical examination prior to his
release from active duty (RAD).  Item 32 (Have You Ever Been a Patient?) of
the SF 89 contains a check mark under the "Yes" column and in the space to
the right of this item the applicant entered "Wounded in Viet Nam."  Item
33 (Have You Ever Had Any Illness or Injury Other Than Those Already
Noted?) does not contain a check mark under the "Yes" or "No" column, but
in the space to the right of this item the applicant entered "Shapnel (sic)
in Viet Nam."  Item 39 (Physician's Summary and Elaboration of All
Pertinent Data) of the SF 89 contains, in pertinent part, the entry "Frags
R hand & L shoulder" (i.e., fragmentation wounds:  right hand and left
shoulder).

17.  On 6 July 2005, the applicant applied to the ABCMR requesting a change
to the middle name recorded in his military service records.  The ABCMR
denied the applicant's request; however, the ABCMR determined that it would
be appropriate to issue a DA Form 1569-E (Transcript of Military Record)
under the applicant's current legal name showing his honorable active duty
service from
29 November 1967 to 28 November 1969.  A DA Form 1569-E was subsequently
issued on 30 June 2006.  Item 20 (Remarks) of this document, in pertinent
part, lists the applicant's authorized decorations and awards and shows he
was awarded the Purple Heart (2nd Award), Combat Infantryman Badge,
National Defense Service Medal, Republic of Vietnam Campaign Medal with
"1960" Device, and Vietnam Service Medal.

18.  In support of his application, the applicant provides his DD Form 214
and a copy of a VA Form 21-4168, dated 25 February 2006.  The DD Form 214,
in pertinent part, documents that the applicant was awarded two awards of
the Purple Heart.  The VA Form 21-4138 provides the applicant's account of
several incidents he experienced in Vietnam that he claims contributed to
his Post-Traumatic Stress Syndrome.  This document, in pertinent part,
contains the applicant's account of the three incidents that occurred on 17
June 1968, 20 July 1968, and 27 July 1968.  The applicant states, in
pertinent part, on 17 June 1968, "I was hit on my jaw with the butt of the
.50 caliber.  It had knocked me out.  I had a cut on my jaw and forehead
and chipped and cracked teeth."  The applicant also states, in pertinent
part, on 20 July 1968, "Woody ? and myself were wounded with schrapnel
(sic)."  The applicant further states, in pertinent part, on 27 July 1968,
"I took schrapnel (sic) in my left shoulder, neck, hand."

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

20.  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.

21.  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 Counteroffensive Phase IV, Vietnam Counteroffensive Phase V,
Vietnam Counteroffensive Phase VI, and TET 1969 Counteroffensive; a total
of four campaigns.

22.  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, 1st Battalion, 50th 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 51 (1971).

23.  The applicant's records contain a copy of Headquarters, U.S. Army
Training Center, Fort Campbell, Kentucky, Special Orders Number 29, dated
31 January 1968, which shows that he was awarded the Expert Marksmanship
Qualification Badge with Rifle Bar.

24.  The applicant's records contain a copy of Headquarters, U.S. Army
Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special
Orders Number 76, dated 25 March 1968, which shows that he was awarded the
Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

25.  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.


26.  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.

27.  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.

28.  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.

29.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

30.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of
arrival and the month of departure from Vietnam are counted as whole months
for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to a third award of the
Purple Heart because he was wounded on 17 June 1968, 20 July 1968, and 27
July 1968; however, his discharge document only shows two awards of the
Purple Heart.

2.  The evidence of record shows that the applicant was injured in Vietnam
as a result of hostile action on 17 June 1968.  The evidence of record also
shows that two separate headquarters (i.e., the applicant's unit and the
hospital he was medically evacuated to) issued orders awarding him the
Purple Heart (i.e., the first award of the Purple Heart) for injuries he
sustained on 17 June 1968.  Therefore, these two award orders represent one
award of the Purple Heart.

3.  The evidence of record shows that General Orders awarded the applicant
the Purple Heart for wounds received in action on 20 July 1968.  The
evidence of record also shows that General Orders subsequently amended the
award order to read award of the Purple Heart (1st Oak Leaf Cluster) (i.e.,
second award).

4.  The evidence of record shows two entries in Item 40 (Wounds) of the
applicant's DA Form 20, indicating that he was wounded on 17 June 1968 and
27 July 1968.  The evidence of record also shows that General Orders
awarding the applicant the Purple Heart (1st Oak Leaf Cluster) (i.e., the
second award) cite the date of the incident as 20 July 1968.  The Board
notes that Item 38 of the applicant's DA Form 20 shows that he was admitted
to the Patient Casualty Company twice; on 17 June 1968 and 27 July 1968.
The evidence of record further shows that at the time of his separation
from active duty, the applicant documented his medical history (in his own
hand) and indicated only two occasions of being injured or wounded while in
Vietnam.  In addition, there is no medical evidence of record or casualty
reports to substantiate that the applicant was wounded on three separate
occasions.  Moreover, there are no General Orders that show the applicant
was awarded a third Purple Heart (i.e., Purple Heart (2nd Oak Leaf
Cluster)).  Therefore, in the absence of documentary evidence that the
applicant was wounded in Vietnam on a third occasion, that the wound
required treatment, and the medical treatment was made a matter of official
record, there is insufficient evidence to support a third award of the
Purple Heart in this case.

5.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 29 November 1967 through 28 November 1969 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 four campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of 4
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.  Special Orders awarded the applicant the Expert Marksmanship
Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to
correct his records to show this badge.

9.  Special Orders awarded the applicant the Sharpshooter Marksmanship
Qualification Badge with Machinegun Bar.  Therefore, it would be
appropriate to correct his records to show this badge.

10.  Records show that the applicant served a total of 12 months in
Vietnam.  Therefore, he is entitled to correction of his records to show
award of 2 Overseas Service Bars.

11.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 November 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
27 November 1972.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
for award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__KLW__  ___LWR_  __EIF ___  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 Good Conduct Medal for exemplary
conduct efficiency, and fidelity for the period 29 November 1967 to 28
November 1969;

      b.  correcting his DD Form 214 and DA Form 1569-E to delete the
Vietnam Service Medal; and

      c.  correcting his DD Form 214 and DA Form 1569-E to add the Good
Conduct Medal, Vietnam Service Medal with 4 bronze service stars, Republic
of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship
Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification
Badge with Machinegun Bar, and 2 Overseas Service Bars.

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)).




                            _____Kenneth L. Wright_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006070                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070123                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19691128                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0056.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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