RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 April 2007
      DOCKET NUMBER:  AR20060014366


      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      |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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 Purple Hearts (2) be added
to his DD Form 214, Armed Forces of the United States, Report of Transfer
or Discharge.

2.  The applicant states, in effect, he was discharged directly from
Vietnam and that is why the Purple Hearts were never put on his DD Form
214.

3.  In support of his application, the applicant submits a copy of his DD
Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 31 March 1968, the date of his discharge.  The application
submitted in this case is dated 3 October 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 limitation 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’s records show he enlisted in the Army Reserve on 26
September 1961.  He was ordered to active duty for training on 1 February
1962 and was honorably discharge on 14 May 1962 for the purpose of
immediately reenlisting in the Regular Army.  The applicant served on
active duty until 2 April 1965 when he was honorably released from active
duty.

4.  The evidence shows the applicant enlisted in the Regular Army on 8
April 1965.  The applicant was honorably discharged on 31 March 1968,
under the provisions of Army Regulation (AR) 635-200, early release of
overseas returnee.  He was separated in the rank/pay grade, Specialist
Five/E-5.  On the date he was discharged, he had completed 6 years, 1
month, and 25 days active military service, with no days lost.  He had a
total of 6 years and 2 months combined active and Reserve service.

5.  The applicant served in Vietnam from 18 April 1967 through 31 March
1968, with A Troop, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry
Division.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the National Defense Service Medal, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal, the Good Conduct
Medal, and the "Pistol (45)" badge.  The Purple Heart is not shown on the
applicant's DD Form 214.

7.  The applicant was awarded a Purple Heart, by General Orders 3542,
prepared by Headquarters, 25th Infantry Division, dated 8 September 1967,
for wounds he received in connection with military operations against a
hostile force, on 21 June 1967.

8.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, showing he was
awarded the Purple Heart, with oak leaf cluster, for a second wound he
alleges to have sustained while he served in Vietnam.

9.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart, with oak leaf cluster, for a second wound he
alleges to have sustained while he served in Vietnam.

10.  A review of the Vietnam Casualty Listing shows the applicant was
wounded only once while in Vietnam.  The date he was wounded, as shown on
the Vietnam Casualty Listing, and the general orders, is the same, 21 June
1967.

11.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

12.  While in Vietnam, the applicant participated in the following three
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase II,
which extended from 1 July 1966 through 31 May 1967; the Vietnam
Counteroffensive, Phase III, which extended from 1 June 1967 through 29
January 1968; and the Tet Counteroffensive, which extended from 30 January
through 1 April 1968.

13.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows the unit the applicant
was assigned to was awarded the Presidential Unit Citation, for action on
31 January 1968, by Department of the Army General Order (DAGO) Number 69,
dated 1969.

14.  DA Pamphlet 672-3 also shows that the applicant's unit, a subordinate
unit of the United States Army, Vietnam, was awarded the Republic
of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20
July 1965 through 28 March 1973, by DAGO Number 8, dated 1974.  This unit
award is also not shown on the FSM's DD Form 214.

15.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

16.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Pistol Bar, in Special Orders Number 192, Paragraph 23,
published by Headquarters, 24th Infantry Division, on 11 July 1966.  This
badge is incorrectly shown on the applicant's DD Form 214.

17.  AR 600-8-22 provides, in pertinent part, that the Purple Heart
is awarded for a wound sustained while in action against an enemy or 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.  This regulation also provides that there is no statute
of limitations on requests for award of the Purple Heart.

18.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

19.  AR 670-1, in effect at the time, governed the requirements for the
overseas service bar.  In pertinent part, it provided that a bar is
authorized for wear for each period of active Federal service as a member
of the U.S. Army outside of the continental limits of the United States.
One overseas service bar is authorized for each six-month period served in
the Republic of Vietnam.  To calculate the entitlement, both the month of
arrival and month of departure are counted as a whole month no matter the
number of days in that month that were spent in the hostile fire zone.



DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was wounded and he was awarded the
Purple Heart in appropriate general orders; however, this award was omitted
from his DD Form 214 on his discharge date.  He is entitled to have this
award added to his DD Form 214.

2.  There is no evidence and the applicant provided none to show he was
wounded a second time while he was in Vietnam.  Therefore, there is
insufficient evidence upon which to base award of a second Purple Heart, in
effect, the Purple Heart, with an oak leaf cluster, to the applicant.

3.  The applicant served in three campaigns while he served in Vietnam.  He
is therefore entitled to award of three bronze service stars to be affixed
to his already-awarded Vietnam Service Medal and to have this award shown
correctly on his DD Form 214.

4.  The applicant served in a unit, which was awarded the Presidential Unit
Citation and the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation, at the time he was a member of the unit.  These unit awards are
not shown on his DD Form 214.  He is entitled to these unit awards and to
have them added to his DD Form 214.

5.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Rifle Bar.  This marksmanship qualification badge is not shown
correctly on his DD Form 214.  He is entitled to have this qualification
badge correctly shown on his DD Form 214.

6.  The applicant served in Vietnam for 13 months, counting the month of
his arrival in and the month of his departure from Vietnam.  He is
therefore entitled to award of two overseas service bars and to have these
bars added to his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 March 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 March 1971.  Although the applicant did not file within the ABCMR's 3-
year 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

___D____  __WDP_  __WFC__  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.  adding the already-awarded Purple Heart to the applicant's DD
Form 214;

      b.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      c.  deleting the entry, "Pistol (45)," from the applicant's DD Form
214 and entering the already-awarded Marksman Marksmanship Qualification
Badge, with Pistol Bar, in its place on his DD Form 214;

      d.  awarding the applicant the Vietnam Service Medal, with three
bronze service stars; and two overseas service bars, and adding these
awards to his DD Form 214; and

      e.  awarding the applicant the Presidential Unit Citation and the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding
these unit awards to his DD Form 214.

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 award of a second
Purple Heart, in effect, the Purple Heart, with oak leaf cluster, and its
addition to his DD Form 214.




                                  ____William D. Powers____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060014366                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070426                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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