RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 January 2008
      DOCKET NUMBER:  AR20070012000


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Gerald J. Purcell             |     |Chairperson          |
|     |Mr. Donald L. Lewy                |     |Member               |
|     |Mr. David W. 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, in effect, that his record be corrected to show
he received two awards of the Purple Heart (PH).

2.  The applicant states, in effect, that his separation document (DD Form
214) should be corrected to show he received two awards of the PH.

3.  The applicant provides no additional documentary evidence in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that he was inducted into the Army and
entered active duty on 1 July 1969.  He was trained in and awarded military
occupational specialty (MOS) 11B (Light Weapons Infantryman), and sergeant
(SGT) was the highest rank he attained while serving on active duty.

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 3 July 1970 through 20 May
1971. Item 38 (Record of Assignments) shows that during his RVN tour, he
was assigned to Company C, 2nd Battalion, 35th Infantry Regiment through
7 November 1970, and to Headquarters and Headquarters Company (HHC),
1st Battalion, 506th Infantry Regiment from 8 November 1970 through 25 May
1971.  Item 38 also shows he received no less than "Excellent" conduct and
efficiency ratings at all of his active duty assignments.

4.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
derogatory information or a unit commander disqualification that would have
precluded the applicant from receiving the Army Good Conduct Medal (AGCM).

5.  The applicant's MPRJ contains Headquarters, 4th Infantry Division
General Orders Number 5350, dated 24 October 1970.  These orders awarded
the applicant the PH for being wounded in action in the RVN on 19 September
1970.

6.  On 26 May 1971, the applicant was honorably separated after completing
a total of 1 year, 10 months, and 26 days of active military service.  Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized of the separation document (DD Form 214) he
was issued at the time shows he earned the following awards during his
active duty tenure:  National Defense Service Medal (NDSM); Vietnam Service
Medal (VSM); Combat Infantryman Badge (CIB); Sharpshooter Marksmanship
Qualification Badge with Rifle (M-14) Bar; and Marksman Marksmanship
Qualification Badge with Rifle (M-16) Bar.

7.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This
review revealed that there was one entry pertaining to the applicant on
this roster that indicated he was wounded in action in the RVN on 19
September 1970.  A member of the Board staff also reviewed the Awards and
Decorations Computer Assisted Retrieval System (ADCARS) maintained by the
United States Army Human Resources Command (HRC) Military Awards Branch,
which contains General Orders issued between 1965 and 1973 for the Vietnam
era.  This system contained 4th Infantry Division General Orders Number
5350, dated 24 October 1970, which awarded the applicant the PH for being
wounded in action in the RVN on 19 September 1970.  There were no other
orders pertaining to the applicant on file in the ADCARS.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-3 contains
guidance on the VSM.  It states, in pertinent part, that a bronze service
star is authorized with the VSM for each campaign a member is credited with
participating in while serving in the RVN.  Table B-1 contains a list of
RVN campaigns and shows that during the applicant's tenure of assignment in
the RVN, participation credit was granted for the Vietnam Counteroffensive
Phase VII campaign.

9.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years, except in those cases when the period for the first
award ends with the termination of a period of Federal military service, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.
10.  Paragraph 9-19 of the awards regulation contains guidance on award of
the Republic of Vietnam Campaign Medal with Device (1960).  It states, in
pertinent part, that this award is authorized for members who served in the
RVN for
6 months or more during the period 1 March 1961 through 28 March 1973.

11.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to two awards of the PH
was carefully considered and found to have partial merit.  The evidence of
record contains orders confirming the applicant was awarded the PH for
being wounded in action in the RVN on 19 September 1970.  Therefore, it
would be appropriate to add this award to his record and separation
document at this time.  However, the record is void of any indication that
he was wounded in action a second time while serving in the RVN.
Therefore, there is insufficient evidence to support correction of his
record to show entitlement to a second award of the PH.

2.  The applicant's record confirms that he received "Excellent" conduct
and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific unit commander disqualification
that would have precluded him from receiving the AGCM.  As a result, it
would be appropriate to award the applicant the first award of the AGCM,
for his qualifying period of honorable active duty service from 1 July 1969
through 26 May 1971.

3.  The evidence of record also confirms that based on his service and
campaign participation in the RVN, the applicant is also entitled to the
RVN Campaign Medal with 1960 Device, RVN Gallantry Cross with Palm Unit
Citation and to
1 bronze service star with his VSM.  Therefore, it would also be
appropriate to add these awards to his record and separation document at
this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__GJP __  __DLL __  __DWT__  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by:

      a.  awarding him the Army Good Conduct Medal for his qualifying
honorable active duty service from 1 July 1969 through 26 May 1971;

      b.  by amending Item 24 of his 26 May 1971 DD Form 214 by deleting
the current list of award and replacing it with the entry "National Defense
Service Medal, Purple Heart, Army Good Conduct Medal, Vietnam Service Medal
with
1 bronze service star, Republic of Vietnam Campaign Medal with Device
(1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat
Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle
(M-14) Bar, and Marksman Marksmanship Qualification Badge with Rifle (M-16)
Bar"; and

      c.  providing him a correction to his separation document that
includes these changes.

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.




                                  _____Gerald J. Purcell_____
                                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2007001200                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/01/24                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/05/26                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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