RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 May 2007
      DOCKET NUMBER:  AR20060016260


      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      |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughnessy       |     |Member               |
|     |Mr. James R. Hastie               |     |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 2nd award of the Purple Heart, a 2nd award of
the Army Commendation Medal (ARCOM) with “V” Device, and any other awards
he may be authorized.

2.  The applicant states, in effect, that he was issued two ARCOMS w/ “V”
Device.  The applicant also states, in effect, that he was wounded twice
while in the Republic of Vietnam (RVN).

3.  The applicant provides a copy of his orders for an ARCOM w/ “V” Device.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
8 April 1969.  The application submitted in this case is dated 22 November
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's record show he was inducted into Army of the United
States on 6 September 1967.  He completed basic combat training and
advanced individual training and was awarded the military occupational
specialty (MOS) 13A (Field Artillery Basic).  The highest rank he attained
while serving on active duty was Specialist (SP4).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 10 February 1968 through
10 April 1969, and that during his RVN tour he was assigned to the 6th
Battalion, 29th Field Artillery Regiment, 4th Infantry Division performing
duties in MOS 13A, Cannoneer.




5.  On 8 April 1969, the applicant was transferred to the United States
Army Reserves  (USAR)  after completing a total of 1 year, 7 months, and 3
days of active military service.  The DD Form 214 he was issued shows he
earned the following awards during his active duty tenure:  the National
Defense Service Medal (NDSM), the Vietnam Service Medal, the Republic of
Vietnam Campaign Medal (RVNCM), the Purple Heart, the Army Commendation
Medal, the Army Commendation Medal “V” Device, the Expert Marksmanship
Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship
Qualification Badge with Rifle Bar (M-16), and two Overseas Service Bars.

6.  General Orders Number 5156, Headquarters, 4th Infantry Division, dated
24 September 1968, show that the applicant received Purple Heart for wounds
received on 17 September 1968.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does
not show the award of two Purple Hearts.

8.  Section 40 (Wounds) of the applicant’s DA Form 20 shows that the
applicant received fragment wounds on both arms on 17 September 1968.

9.  The applicant's name is listed on the Vietnam Casualty Roster once for
being wounded as a result of hostile action on 17 September 1968.

10.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

11.  General Orders Number 6441, Headquarters, 4th Infantry Division, dated
29 December 1968, shows that the applicant received the ARCOM with “V”
Device for heroism on 29 October 1968 to 4 November 1968.

12.  General Orders Number 3049, Headquarters, 4th Infantry Division, dated
14 June 1969, shows that the applicant received the ARCOM with “V” Device
(1st oak leaf cluster) for heroism on 26 March 1969.

13.  A review of the applicant’s records indicates entitlement to
additional awards and decorations that are not shown on his DD Form 214.

14.  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 unit to which the applicant
was assigned, was cited for award of the Vietnam Gallantry Cross with Palm
Unit Citation for the period 1 October 1966 to 31 October 1969 by
Department of the Army General Orders Number 3, dated 1970.

15.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment to the 6th Battalion 29th Field Artillery
Regiment was cited for award of the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation by Department of the Army General Orders
Number 53, dated 1970.

16.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment to the 6th Battalion 29th Field Artillery
Regiment was cited for award of the Meritorious Unit Commendation, from 1
November 1969 through 30 April 1969 by Department of the Army General
Orders Number 39, dated 1970.

17.  The applicant's DD Form 214 shows he was awarded the Vietnam Service
Medal.  The applicant's records do not indicate that he participated in any
campaigns.

18.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in the Vietnam Winter-Spring 1970 campaign, the
Tet Counteroffensive campaign, the Vietnam Counteroffensive Phase IV
campaign, the Vietnam Counteroffensive Phase V campaign, the Vietnam
Counteroffensive Phase VI campaign and the Tet Counteroffensive, 1969
campaign during his tour in Vietnam.  This same regulation states that a
bronze service star will be awarded for wear on the Vietnam Service Medal
for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
(2nd award) and the ARCOM with “V” Device (2nd award).

2.  There are no general orders that show the applicant was awarded a 2nd
Purple Heart.  There is no evidence in his service personnel records which
shows that he was wounded or injured twice as a result of hostile action or
treated for such wounds.  The applicant is only listed on the Vietnam
Casualty Roster one time.  In the absence of such evidence, there is
insufficient basis to grant award of the 2nd Purple Heart.
3.  General Orders Number 3049, dated 14 June 1969, show that the applicant
was awarded the Army Commendation Medal with “V” device which is not shown
on his separation document.  Therefore, he is entitled to correction of his
records to show this award.

4.  Orders Number 39, dated 1970, show the 6th Battalion, 29th Field
Artillery Regiment was awarded Meritorious Unit Commendation which is not
shown on his separation document.  Therefore, he is entitled to correction
of his records to show this award.

5.  Orders Number 11, dated 1973, show the 6th Battalion, 29th Field
Artillery Regiment was awarded Republic of Vietnam Gallantry Cross with
Palm Unit Citation which is not shown on his separation document.
Therefore, he is entitled to correction of his records to show this award.

5.  General Orders Number 53, dated 1970, show the 6th Battalion, 29th
Field Artillery Regiment was awarded the Republic of Vietnam Civil Actions
Honor Medal, First Class, Unit Citation which is not shown on his
separation document.  Therefore, he is entitled to correction of his
records to show this award.

6.  Records show the applicant participated in five campaigns during his
service in Vietnam.  Therefore, he is eligible for award of one silver
service star to be affixed to his already awarded Vietnam Service Medal.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 April 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 7 April 1969.  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 time limitation on requests for
award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___HOF  ____TEO _  ___JRH__  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 showing award of the
Army Commendation Medal with “V” Device with 1st oak leaf cluster, Republic
of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam
Civil Actions Honor Medal, First Class, the Meritorious Unit Commendation,
1 silver star affixed to 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
the 2nd award of the Purple Heart.




                                         __Hubert O. Fry____
                                            CHAIRPERSON





                                    INDEX

|CASE ID                 |AR20060016260                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/05/22                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |MR. SCHWARTZ                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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