RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 March 2007
      DOCKET NUMBER:  AR20060012324


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to add his two Purple
Hearts.

2.  The applicant states his two Purple Hearts are not on his DD Form 214.

3.  The applicant provides a certified copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred       on 27 June 1969.  The application submitted in this case was
received on           1 September 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 into the Army on 6 January 1967.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant arrived in Vietnam and was assigned to the 2d Battalion,
22d Infantry on 20 June 1967.

5.  Headquarters, 25th Infantry Division General Orders Number 4238, dated
   30 October 1967, awarded the applicant the Purple Heart for wounds
received on 26 October 1967.

6.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification
Record) shows he was wounded in action once, on 26 October 1967.  His
name is listed on the Vietnam Casualty Roster once, for wounds received on
   26 October 1967.

7.  Headquarters, 25th Infantry Division Special Orders 37, dated 6
February 1968, awarded the applicant the Combat Infantryman Badge.

8.  The applicant departed Vietnam on 22 August 1968 after being credited
with participation in four campaigns.

9.  The applicant was released from active duty on 27 June 1969.  His DD
Form 214 shows he was awarded the National Defense Service Medal, the
Republic of Vietnam Campaign Medal with device 1960, and the Vietnam
Service Medal with two bronze service stars.

10.  Army Regulation 600-8-22 (Military Awards) states 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

11.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation.  Authorized bronze service stars will be worn on the
appropriate campaign or service medal including the Vietnam Service Medal.


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 that, at the time of the
applicant's assignment to the 2d Battalion, 22d Infantry, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period October 1966 through        1 August 1967 by Department of
the Army General Orders (DAGO) Number      48 dated 1971.

13.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 2d Battalion, 22d Infantry, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 1 August 1967 through 21 January 1970 by DAGO
Number 51 dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant was wounded in
action on 26 October 1967 and was awarded the Purple Heart for those
wounds.  However, there is no evidence of record to show he was wounded a
second time. Therefore, there is sufficient evidence of record to correct
his DD Form 214 only to show he was awarded one Purple Heart.
2.  The applicant was awarded the Combat Infantryman Badge.  This award
should be added to his DD Form 214.

3.  The applicant’s DD Form 214 shows he was awarded the Vietnam Service
Medal with two bronze service stars; however, he was credited with
participation in four campaigns.  Therefore, his DD Form 214 should be
amended to show he was awarded the Vietnam Service Medal with four bronze
service stars.

4.  The applicant was assigned to a unit during a period of time that unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.  These unit awards should be added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 June 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         26 June 1972.  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

__le____  _lmb____  __mjf___  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 the applicant’s DD Form 214
be amended to add the Combat Infantryman Badge and one award of the Purple
Heart and to show he is eligible to wear four bronze service stars on his
already-awarded Vietnam Service Medal.

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
amending the applicant’s DD Form 214 to show a second award of the Purple
Heart.




                            __Lester Echols_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012324                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070329                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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