RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 December 2006
      DOCKET NUMBER:  AR20060006794


      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:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. John Moeller                  |     |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 award of the Purple Heart with First Oak Leaf
Cluster for wounds received on 3/4 September 1967.  He also requests award
of the Air Medal and a second award of the Bronze Star Medal with “V”
Device.

2.  The applicant states, in effect, that his service medical and personnel
records are incomplete for his service in Vietnam.

3.  The applicant provides a letter, dated 18 April 2006, from a Member of
Congress; two eyewitness statements; reassignment orders, dated 4 September
1967 and 10 November 1967; orders for the Combat Medical Badge; page 3 of
his DA Form 20 (Enlisted Qualification Record); two DD Forms 215
(Correction to DD Form 214), dated 30 January 1981 and 31 March 2003; a
copy of his DD Form 214 (Report of Transfer or Discharge); and a National
Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 April 1968.  The application submitted in this case is dated
10 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 requested correction of his records to show award of the
Air Medal and a second award of the Bronze Star Medal with “V” Device.
There are no orders or other evidence authorizing award of the Air Medal or
a second award of the Bronze Star Medal with “V” Device to the applicant.
In the absence of a proper award authority for these decorations, the
applicant may request award of the Air Medal or a second award of the
Bronze Star Medal with “V” Device under the provisions of Section 1130 of
Title 10, United States Code.  The applicant has been notified by separate
correspondence of the procedures for applying for these decorations under
Section 1130 and, as a result, it will not be discussed further in this
Record of Proceedings.

4.  The applicant enlisted on 28 May 1965 for a period of 3 years.  He
served as a medic in Vietnam from 18 April 1967 through 17 April 1968 and
was released from active duty on 18 April 1968.

5.  The applicant’s DD Form 214 shows the Good Conduct Medal, the National
Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam
Campaign Medal with Device 1960, the Combat Medical Badge, the Bronze Star
Medal with “V” Device, and the Purple Heart as authorized awards.

6.  Letter Orders show the applicant received the Purple Heart for wounds
received on 25 August 1967.  Item 40 (Wounds) on the applicant’s DA Form 20
shows he was wounded on 25 August 1967.

7.  There is no evidence of record which shows the applicant was wounded a
second time on 3/4 September 1967 as a result of hostile action in Vietnam.

8.  In support of his claim, the applicant provided an undated eyewitness
statement from a fellow Soldier at the time in question.  He attests that
he and the applicant were hit by rocket and mortar fire on the evening of 3
September 1967.  He also states that he believes the applicant was hit in
the legs and head and that he did not know where the applicant was sent for
treatment.

9.  The applicant also provided an eyewitness statement, dated 11 December
1990, from a medic at the time in question.  He attests that, while he and
the applicant were serving as medics and rendering aid to the wounded
during incoming mortar and rocket fire on 4 September 1967, the applicant
was wounded by shrapnel.  He states he treated the applicant’s right leg
wound and that he did not fill out a field medical card because he thought
the applicant would get written up for wounds by the personnel at Company
A.  He also states that he feels the applicant deserves the Purple Heart
for wounds received from a hostile force while rendering aid to casualties
and that he would recommend the applicant for the Bronze Star Medal with
“V” Device for valor for risking his life beyond the call of duty on 3/4
September 1967.

10.  The applicant’s service personnel records contain a letter, dated 25
August 1972, wherein he stated that he was wounded in action on 25 August
1967 and on 9 February 1968.  His records also show that he applied to the
Board for a second award of the Purple Heart for wounds received on 9
February 1968 in 1975 and in 1981 and both requests were denied.

11.  A DD Form 215, dated 30 January 1981, amended the applicant’s DD Form
214 to show he was awarded the Bronze Star Medal with “V” Device, the Army
Commendation Medal, the Purple Heart, the Meritorious Unit Emblem, the
National Defense Service Medal, the Vietnam Service Medal with four bronze
service stars, the Combat Medical Badge, the Expert Medical Badge, the
Republic of Vietnam Campaign Medal with Device 1960, the Republic of
Vietnam Gallantry Cross With Palm Unit Citation, the Marksman Marksmanship
Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification
Badge with Automatic Rifle Bar, and the Republic of Vietnam Civil Actions
Unit Citation.

12.  A DD Form 215, dated 31 March 2003, amended the applicant’s DD Form
214 to add the Expert Marksmanship Qualification Badge with Rifle Bar, the
Marksman Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter
Marksmanship Qualification Badge with Pistol and Machine Gun Bars, and the
Joint Meritorious Unit Award.

13.  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.  The regulation states that the bronze oak leaf cluster is
awarded to denote the second and succeeding awards of certain decorations,
among which is the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Purple Heart for wounds received
in action on 25 August 1967.  Although the applicant contends that he was
also wounded in action on 3/4 September 1967 in Vietnam, there are no
orders for a second award of the Purple Heart.  His DA Form 20 only shows
that he was wounded on 25 August 1967.

2.  In the absence of orders or other evidence of record showing that the
applicant was injured or treated for wounds as a result of hostile action
on 3/4 September 1967 in Vietnam, the eyewitness statements provided by the
applicant are not sufficient as a basis for a second award of the Purple
Heart.  Therefore, there is insufficient evidence on which to base award of
the Purple Heart with First Oak Leaf Cluster in this case.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 18 April 1968; therefore, the time for the applicant
to file a request for correction of any error expired on 17 April 1971.
The applicant did not file within the 3-year statute of limitations and has
not provided a compelling explanation or evidence to show that it would be
in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

KN_____  __PS____  __JM____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



                                  _____Kathleen Newman________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006794                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061219                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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