RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 August 2007
      DOCKET NUMBER:  AR20070002775


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 reflect the two
Purple Hearts he should have been awarded.

2.  The applicant states he needs to be issued two Purple Hearts.

3.  The applicant provides a Veterans Administration (VA) Veterans Benefits
Award letter, dated 5 August 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 April 1968.  The application submitted in this case is
dated        14 February 2007.

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 18 April 1966.  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 Troop B, 1st
Squadron, 11th Armored Cavalry Regiment on 16 October 1966.  He departed
Vietnam on 16 October 1967 after being credited with participation in two
campaigns.

5.  The applicant was honorably released from active duty on 17 April 1968.
 His DD Form 214 shows he was awarded the National Defense Service Medal,
the Republic of Vietnam Campaign Medal, the Army Good Conduct Medal, the
Vietnam Service Medal “with Bronze Service Star,” and the Combat
Infantryman Badge.

6.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification
Record) does not show he was wounded.  The applicant’s separation DD Form
93 (Report of Medical History) indicated he checked that he did not have
any illness or injury other than those already noted (and none were noted
elsewhere). Item 41 (Awards and Decorations) of his DA Form 20 does not
show he was awarded any Purple Heart.

7.  The applicant’s name is listed on the Vietnam Casualty Roster as being
wounded as the result of hostile action (not serious, hospitalized) on 24
May 1967.

8.  By letter dated 5August 1968, the applicant was awarded VA disability
compensation for a wound in his upper left arm.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Purple Heart 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.

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

11.  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 Troop B, 1st Squadron, 11th Armored Cavalry
Regiment, it was cited for award of the Presidential Unit Citation for the
period 21 November through 2 December 1968 by Department of the Army
General Orders (DAGO) Number 45, dated 1969.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 11th Armored Cavalry Regiment, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 7 September 1968 through 10 August 1968 by DAGO
Number 60, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contended, in effect, that he was twice wounded as a
result of hostile action.

2.  The Vietnam Casualty Roster shows the applicant was wounded as a result
 of action on 24 May 1967; however, there is no evidence of record and the
applicant provided none to show he was wounded a second time.  It would be
appropriate to show he was awarded the Purple Heart for wounds received on
24 May 1967.

3.  The applicant was credited with participation in two campaigns and
therefore is authorized to wear two bronze service stars on his Vietnam
Service Medal.

4.  The evidence of record shows the applicant was assigned to Troop B, 1st
Squadron, 11th Armored Cavalry Regiment during a period of time the troop
was awarded the Presidential Unit Citation.  He was assigned to the 11th
Armored Cavalry Regiment during a period of time the regiment was awarded
the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These two
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 17 April 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         16 April 1971.  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

__clg____  __rws___  __ksj___  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 Purple Heart for wounds received on 24 May 1967;
and

     b.  adding to his DD Form 214 the Purple Heart, the Presidential Unit
Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and by showing he is authorized to wear two 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
award of a second Purple Heart.




                            __Curtis L. Greenway__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002775                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070802                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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