RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2007
      DOCKET NUMBER:  AR20060009069


      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:

|     |Mr. Jeffrey Redmann               |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Mr. David 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 a second award of the Purple Heart (correctly
known as the Purple Heart with First Oak Leaf Cluster).

2.  The applicant states, in effect, that while his company was on patrol
rotation to a temporary forward fire base near the Cambodian border he
sustained a shrapnel wound to his right lower leg on 8 September 1969 from
an enemy rocket and mortar fire.  He contends that he was treated for his
wound by a medic and then evacuated to the 25th Division hospital for
further treatment.  He also contends that a hospital medic told him that
the company clerk would put him in for the Purple Heart.  He further states
that he was wounded a second time six weeks later for which he received the
Purple Heart.

3.  The applicant provides two service medical records, dated 1969; a
letter, dated 12 September 1969, he wrote to his girlfriend about his
shrapnel wound; two newspaper articles which state he was wounded on two
occasions; and a copy of his DD Form 214 (Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 July 1970.  The application submitted in this case is dated
22 February 2006; however, the application was received in this office on
28 June 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 was inducted on 31 October 1968.  He arrived in Vietnam
on
11 April 1969.  He served as a light weapons infantryman assigned to
Company B, 1st Battalion, 27th Infantry in Vietnam from 22 April 1969
through 10 April 1970.  On 30 July 1970, the applicant was released from
active duty in the rank of sergeant after completing 1 year and 9 months of
creditable active service with no time lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Republic of Vietnam Campaign Medal with Device 1960, two awards of the
Overseas Service Bar, the Vietnam Service Medal, the Combat Infantryman
Badge, the Army Commendation Medal, the Air Medal, the Purple Heart, the
Marksman Marksmanship Qualification Badge with Rifle Bar, the Expert
Marksmanship Qualification Badge with Rifle Bar, and the Expert
Marksmanship Qualification Badge with Hand Grenade Bar as authorized
awards.

5.  Headquarters, 12th Evacuation Hospital (SMBL) General Orders Number
285, dated 24 October 1969, show the applicant received the Purple Heart
for wounds received on 23 October 1969.

6.  A Western Union telegram, dated 24 October 1969, shows the applicant
was wounded in action on 23 October 1969.  Item 40 (Wounds) on the
applicant’s DA Form 20 (Enlisted Qualification Record) shows he was wounded
on 23 October 1969.  The Vietnam Casualty Roster also shows that he was
wounded on
23 October 1969.

7.  There is no other evidence of record which shows the applicant was
wounded a second time as a result of hostile action.

8.  In support of his claim, the applicant provided service medical records
which show that he was treated for a shrapnel wound to his right calf on 8
September 1969 in Vietnam.  However, there is no evidence of record which
shows his injury was the result of hostile action.

9.  Headquarters, 25th Infantry Division General Orders Number 2306, dated
25 February 1970, show the applicant received the Bronze Star Medal.

10.  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 show he received conduct and efficiency ratings of “excellent”
throughout his service.

11.  Records show the applicant participated in three campaigns during his
assignment in Vietnam.

12.  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 the applicant's unit is entitled
to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 5, dated 1973.

13.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit is entitled to award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation based on Department of the Army General
Orders Number 51, dated 1971.

14.  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 bronze oak leaf cluster is awarded to denote the
second and succeeding awards of certain decorations, among which is the
Purple Heart.

15.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

16.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Purple Heart for wounds received
in action on 23 October 1969 in Vietnam.  His DD Form 214 shows one award
of the Purple Heart.  The service medical records provided by the applicant
do not show that his leg injury incurred on 8 September 1969 was the result
of hostile action.  Since there is no evidence of record which shows that
he was wounded as a result of hostile action on any date other than 23
October 1969, there is insufficient evidence on which to base a second
award of the Purple Heart in this case.

2.  Orders show the applicant received the Bronze Star Medal.

3.  The applicant was separated in the rank of sergeant with 21 months of
creditable active service with no time lost.  Therefore, it appears the
applicant met the eligibility criteria for the first award of the Good
Conduct Medal for the period 31 October 1968 through 30 July 1970 based on
completion of a period of qualifying service ending with the termination of
a period of Federal military service.

4.  The applicant participated in three campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with three
bronze service stars.

5.  The applicant’s unit 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 while he was assigned to it.

6.  Records show the applicant should have discovered the alleged error now
under consideration on 30 July 1970; therefore, the time for the applicant
to file a request for correction of any error expired on 29 July 1973. 
Although the applicant did not file within the ABCMR's statute of
limitations, it is appropriate to waive failure to timely file based on the
fact there is no statute of limitations on requests for award of the Purple
Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

JR______  _RB____  _DT_____  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 first award of the Good Conduct Medal for the
period 31 October 1968 through 30 July 1970; and

      b.  amending his DD Form 214 to add the Good Conduct Medal, the
Bronze Star Medal, three bronze service stars for wear on his already
awarded Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal
First Class 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 second award of the Purple Heart.


                            __Jeffrey Redmann_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009069                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070118                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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