RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 October 2006
      DOCKET NUMBER:  AR20060006320


      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. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Mr. Bernard P. Ingold             |     |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 reflect his
award of a second Purple Heart.

2.  The applicant states he was wounded twice while serving in Vietnam, and
needs to have his records corrected.

3.  The applicant provides copies of a 20 June 1970 Standard Form 502
(Clinical Record – Narrative Summary), a 12 August 1970 Standard Form 88
(Report of Medical Examination), a 1 September 1970 Medical Board
Proceedings, a 14 September 1970 DA Form 199 (Physical Evaluation Board
(PEB) Proceedings), and a DD Form 214 (Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 November 1970, the date he was placed on the Temporary
Disability Retired List (TDRL).  The application submitted in this case is
dated 24 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 records show the applicant entered active duty on 25 February 1969
and served in Vietnam from 12 September 1969 through 22 May 1970 with
Company D, 1st Battalion, 503rd Infantry Regiment.

4.  Headquarters, 67th Evacuation Hospital General Orders Number 267
awarded the applicant the Purple Heart for wounds on 2 November 1969.

5.  Headquarters, 173rd Airborne Brigade General Order Number 819, dated
12 April 1970, awarded the applicant the Purple Heart with 1st Oak Leaf
Cluster for wounds received on 9 April 1970.

6.  Headquarters, 173rd Airborne Brigade General Order Number 881, dated
19 April 1970, awarded the applicant the Army Commendation Medal for
meritorious achievement.

7.  Headquarters, 67th Evacuation Hospital General Orders Number 113, dated
14 May 1970, awarded the applicant the Purple Heart with 1st Oak Leaf
Cluster for wounds received on 13 May 1970.

8.  Headquarters, I Field Force Vietnam General Orders Number 849, dated
1 August 1970, awarded the applicant the Silver Star for gallantry in
action on 13 May 1970.

9.  Headquarters, 173rd Airborne Brigade General Order Number 1473, dated
14 June 1970, awarded the applicant the Bronze Star Medal for meritorious
service during the period September 1969 through May 1970.

10.  The applicant was released from active duty on 13 November 1970, as a
specialist four, and placed on the TDRL with a 60 percent disability
evaluation.  He was subsequently removed from the TDRL and permanently
retired effective 24 April 1972.

11.  The applicant's DD Form 214 lists his awards as the Silver Star, the
Army Commendation Medal, the Purple Heart, the National Defense Service
Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal
with "1960" device, and the Combat Infantryman Badge.

12.  In addition to the awards listed above the record indicates the
applicant qualified for and was authorized the Parachutist Badge, the
Marksman Marksmanship Qualification Badge with Rifle (M16) and Machinegun
Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M14).

13.  The DA Form 20 (Enlisted Qualification Record) lists the applicant's
awards as the Silver Star, the Army Commendation Medal, the Purple Heart,
the National Defense Service Medal, the Vietnam Service Medal, the Republic
of Vietnam Campaign Medal with "1960" device, the Combat Infantryman Badge,
the Parachutist Badge, the Sharpshooter Marksmanship Qualification Badge
with Rifle Bar, and the Marksman Marksmanship Qualification Badge with
Rifle and Machinegun Bars.  The form indicates that only the Silver Star,
the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, and
the Marksman Marksmanship Qualification Badge with Rifle Bar were issued.

14.  The DA Form 20 also reports his conduct and efficiency ratings as
exclusively excellent, and lists participation in one campaign.  It
indicates he was wounded on 2 November 1969 and again on 13 May 1970.

15.  The available service medical records indicate the applicant received
wounds to the right side of his neck on 2 November 1969, his abdomen on
9 April 1970, and to his left shoulder on 13 May 1970.

16.  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 while the applicant was
assigned to the 1st Battalion, 503rd Infantry Regiment it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation,
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.

17.  Army Regulation 600-8-22 (Military Awards), paragraph 2-8b(1) states a
Purple Heart is authorized for the first wound suffered under conditions
indicated above, but for each subsequent award an Oak Leaf Cluster will be
awarded to be worn on the medal or ribbon.


18.  Army Regulation 600-8-22, chapter 4 provides that the Good Conduct
Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency and fidelity during a qualifying period of active duty
enlisted service.  This period is 3 years except in those cases when the
period for the first award ends with the termination of a period of Federal
military service.  A record of punishment is not automatically
disqualifying.  At that time, a single conduct or efficiency rating of less
than excellent was disqualifying; although, a “Good” academic mark in a
service school was not disqualifying.  Although there is no automatic
entitlement to the Good Conduct Medal, disqualification must be justified.
Current practice requires that the commander provide written notice of
unfavorable consideration and permits the individual to respond.  At that
time, non-favorable consideration was normally noted on the DA Form 20.

19.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign period listed in
Appendix B of the regulation and states that authorized bronze service
stars will be worn on the appropriate campaign or service medal.  A silver
service star is authorized in lieu of five bronze service stars.  The
regulation also lists the designated campaign periods for which a bronze
service star is authorized for wear on the Vietnam Service Medal.  Based on
the applicant's dates of service in Vietnam, Appendix B indicates he served
during the following three campaign periods:  the Vietnam Summer-Fall 1969,
9 June 1969 - 31 October 1969; the Vietnam Winter-Spring 1970; 1 November
1969 - 30 April 1970; and the DA Sanctuary Counteroffensive 1 May 1970 - 30
June 1970.

20.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
notes that the authority to award of the Purple Heart was the regimental
headquarters for Soldiers treated and released or hospitalized for less
than 24 hours, and the hospital commander if a Soldier was admitted and
hospitalized for more than 24 hours.

DISCUSSION AND CONCLUSIONS:

1.  The applicant distinguished himself by his conduct, efficiency and
fidelity as evidenced by his combat service, his conduct and efficiency
ratings, his personal decorations, and his promotion to E-4.  The record
contains no indication of any disqualifying incidents or recommendations.
It is appropriate to award the applicant the Good Conduct Medal for his
period of service from 25 February 1969 through 13 November 1970.

2.  The records show the applicant was wounded in combat on three occasions
and was awarded the Purple Heart for all three wounds.  However, the second
and third awards both list the award as with first Oak Leaf Cluster.  His
DD Form 214 and his DA Form 20 only list award of one Purple Heart.  It is
appropriate to correct the record to reflect his award of the Purple Heart
with two Oak Leaf Clusters.

3.  The DD Form 214 also omits the applicant's award of the Bronze Star
Medal.  The records should be corrected to show he was awarded the Bronze
Star Medal.

4.  The applicant served in Vietnam during three campaign periods and is
entitled to wear three bronze service stars on his Vietnam Service Medal.

5.  In addition to the awards listed above and those listed on the DD Form
214, the applicant is also authorized the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, the Parachutist Badge, the Marksman
Marksmanship Qualification Badge with Rifle (M16) and Machinegun Bars, and
the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14).


6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 November 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 12 November 1973.  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:

__JEA ___  _JAM__  _BPI ____  GRANT FULL RELIEF

________  ________  ________  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 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 the applicant the Good
Conduct Medal for his period of service from 25 February 1969 through
13 November 1970.

2.  The Board further determined that in addition to the awards listed on
the DD Form 214, the records should be corrected to show the applicant is
also authorized award of the Bronze Star Medal, the Purple Heart with two
Oak Leaf Clusters, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation, the Parachutist Badge, the Marksman Marksmanship
Qualification Badge with Rifle (M16) and Machinegun Bars, and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14), and to
wear three bronze service stars on his Vietnam Service Medal.




                            ______________________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060006320                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061031                                |
|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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