RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2007
      DOCKET NUMBER:  AR20060007864


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Mr. David W. Tucker               |     |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, that his 1970 DD Form 214, (Armed
Forces of the United States Report of Transfer or Discharge) be corrected
to show his third award of the Purple Heart.

2.  The applicant states that this DA Form 201 (Military Personnel Records
Jacket) shows he earned a third Purple Heart.

3.  The applicant provides a copy of page 4 of his DA Form 20 (Enlisted
Qualification Record.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 9 December 1970.  The application submitted in this case
is dated 23 May 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 and entered active duty on 17 February 1966, he
completed training, served in Europe and reenlisted in pay grade E-4 on
17 February 1967.

4.  He served as an infantryman in Vietnam with Troop G, 2nd Squadron, 11th
Armored Cavalry Regiment from 27 March 1968 to 20 March 1969.  He returned
to the United States and was separated from Active Duty with an honorable
characterization of service, on 9 December 1970.

5.  His DD Form 214 and his DA Form 20 both show that, in addition to two
awards of the Purple Heart he was also awarded the Combat Infantryman Badge
and the Army Commendation Medal.

6.  The applicant’s DA Form 20, item 41 (Awards and Decorations) shows that
he was awarded three awards of the Purple Heart by General Orders 134 of
Headquarters 11th Armored Cavalry Regiment.  However, item 40 (Wounds)
shows only wounds sustained on 13 July and 20 August 1968.  The Vietnam
Casualty roster also shows that the applicant sustained combat wounds only
on 13 July and 20 August 1967.

7.  Item 41 of the applicant’s DA Form 20 also shows that he was authorized
the Marksman Marksmanship Qualification Badge with Machinegun Bar, which is
not shown on his DD Form 214.

8.  General Orders 134, dated 3 December 1968, Headquarters 11th Armored
Cavalry Regiment awarded him the Purple Heart for wounds received in action
on 13 July 1968 and the Purple Heart with 1st Oak Leaf Cluster for wounds
sustained on 20 August 1968.

9.  Item 38 (Record of Assignments) of the DA Form 20 shows that his
conduct and efficiency ratings were exclusively excellent.

9.  Army Regulation 600-8-22 (Military Awards) 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.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.  At the time, a
Soldier's conduct and efficiency ratings must have been rated as
"excellent" for the entire period of qualifying service and there must have
been no convictions by court-martial.

10.  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 five campaign periods: Tet Counteroffensive,
30 January 1968 – 1 April 1968; the Counteroffensive Phase IV, 2 April 1968
– 30 June 1968; the Counteroffensive Phase V, 1 July 1968 – 1 November
1968; the Counteroffensive Phase VI, 2 November 1968 - 22 February 1969;
the Tet 69 Counteroffensive, 23 February 1969 – 8 June 1969.

12.  Department of the Army General Orders 8 of 1974 awarded the Republic
of Vietnam (RVN) Gallantry Cross with Palm Unit Citation to Headquarters,
U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28
March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the entry in item 41 of the applicant’s DA Form 20,
there is no convincing evidence that the applicant was awarded a third
Purple Heart or that he was wounded a third time and should have been
awarded a third Purple Heart.

2.  The applicant distinguished himself by his conduct, efficiency and
fidelity as evidenced by his ratings, awards and combat service.  He should
be awarded the Good Conduct Medal for the period 17 February 1966 to 16
February 1969.

3.  The applicant is authorized award of five bronze service stars for wear
on the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation Badge and the Machinegun Bar for wear on the Marksman
Marksmanship Qualification Badge.  These awards should be shown on his DD
Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 December 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 8 December 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:

________  ________  ________  GRANT FULL RELIEF

_JCR____  __DWT_  _REB____  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 him the Good Conduct Medal for the period 17 February
1966 to 16 February 1969; and


      b.  showing, that in addition to the awards currently shown on his DD
Form 214, he is authorized the Good Conduct Medal, five bronze service
stars for wear on the Vietnam Service Medal, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation Badge, and the Machinegun Bar for
wear on the Marksman Marksmanship Qualification Badge.

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
showing on his DD Form 214 that he was awarded a third Purple Heart.




                            ___Jeffrey C. Redmann____
                                                              CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007864                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/01/18                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PART                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       | 107                                    |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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