RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 March 2008
      DOCKET NUMBER:  AR20070016559


      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. Frank C. Jones                |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Mr. Scott W. Faught               |     |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 of Discharge) be amended to add two awards of the
Purple Heart and that he be issued the medals and the certificates.

2.  The applicant states there is no annotation of these two Purple Heart
awards on his DD Form 214.

3.  The applicant provides his DD Form 214; a DA Form 8-275-3 (Clinical
Record Cover Sheet), date of disposition 11 March 1970; and a DA Form 8-275-
3, date of disposition 4 April 1970.

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 enlisted in the Regular Army on 16 June 1969.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty (MOS) 11B (Light Weapons
Infantryman).

3.  The applicant arrived in Vietnam and was assigned to Company B, 1st
Battalion, 35th Infantry, 4th Infantry Division on 13 December 1969.  He
was reassigned to Company C, 1st Battalion, 14th Infantry, 4th Infantry
Division on  19 March 1970.  He departed Vietnam on 18 September 1970 after
being credited with participating in three campaigns.

4.  The applicant was honorably released from active duty due to hardship
on   21 September 1970 after completing 1 year, 3 months, and 8 days of
creditable active service with no lost time.  His DD Form 214 shows he was
awarded the National Defense Service Medal, two overseas service bars, the
Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device
(1960), the Combat Infantryman Badge, the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship
Qualification Badge with Rifle Bar (M-16).

5.  The applicant provided a DA Form 8-275-3 showing he suffered multiple
fragment wounds to the right and left hand and face on 3 March 1970.  He
was firing an M-60 (machinegun) when the barrel exploded, causing the
injury.  The DA Form 8-275-3 states that the line of duty finding was
undetermined and that an investigation was pending.  His records do not
contain the findings of a line of duty investigation.

6.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification
Record) does not show he was wounded on 3 March 1970.  His name is not
listed on the Vietnam Casualty Roster as being wounded on 3 March 1970.

7.  The applicant provided a DA Form 8-275-3 showing he suffered a fragment
wound to the left thigh from a rocket fired by a jet on 29 March 1970.

8.  Headquarters, 17th Field Hospital General Orders Number 73, dated
     31 March 1970, awarded the applicant the Purple Heart for wounds
received on 29 March 1970.  Item 40 of his DA Form 20 shows he received a
fragment wound to his left hip on 29 March 1970.  His name is listed on the
Vietnam Casualty Roster as being wounded in action on 29 March 1970.

9.  The applicant’s DA Form 20 shows his conduct and efficiency were rated
as “excellent” throughout his enlistment.  There is no derogatory
information in his records.

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

11.  Army Regulation 600-8-22 authorizes award of 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.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s
conduct and efficiency ratings must have been rated as “excellent” for the
entire period of qualifying service

13.  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 1st Battalion, 35th Infantry, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 29 July 1969 through          10 September 1970
1969 by Department of the Army General Orders Number 52, dated 1971.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 1st Battalion, 14th Infantry, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period July 1969 through 17 November 1970 by Department of
the Army General Orders Number 52, dated 1971.

15.  Department of the Army Pamphlet 672-3 states not more than one
Republic of Vietnam Gallantry Cross Unit Citation will be worn by any
individual.  Although multiple awards of this unit citation badge may not
be worn, official military personnel and historical records will indicate
all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Purple Heart
for wounds received on 29 March 1970.

2.  The applicant provided a DA Form 8-275-3 showing he suffered multiple
fragment wounds to the right and left hand and face on 3 March 1970 when
the barrel of an M-60 he was firing exploded, causing the injury.  The DA
Form        8-275-3 states that the line of duty finding was undetermined
and that an investigation was pending.  It does not confirm that the
injuries were the result of hostile action.  His records do not contain the
findings of a line of duty investigation.  Item 40 of his DA Form 20 does
not show he was wounded on      3 March 1970, and his name is not listed on
the Vietnam Casualty Roster as being wounded on 3 March 1970.

3.  There is sufficient evidence of record to add one award of the Purple
Heart to the applicant’s DD Form 214, but not two awards.

4.  The applicant was credited with participating in three campaigns;
therefore, he is eligible to wear three bronze service stars on his Vietnam
Service Medal.

5.  The applicant completed over 15 months of creditable active service
with no lost time.  His conduct and efficiency were rated as “excellent”
throughout his enlistment, and his records contain no derogatory
information.  It appears he met the eligibility criteria for award of the
Army Good Conduct Medal.

6.  The applicant was assigned to two units during a period of time those
units were each awarded the Republic of Vietnam Gallantry Cross with Palm
Unit Citation and therefore is authorized to wear one of those awards.
Both awards should be listed on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__fcj___  __cd____  __swf___  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 first award of the Army Good Conduct Medal for
the period 16 June 1969 through 21 September 1970;

     b.  amending his DD Form 214 to add the Army Good Conduct Medal, one
award of the Purple Heart, and two awards of the Republic of Vietnam
Gallantry Cross with Palm Unit citation, and by showing he is eligible to
wear three bronze service stars on his already-awarded Vietnam Service
Medal;

     c.  issuing to him, as available, the above awards; and

     d.  issuing to him a Purple Heart certificate for wounds received on
29 March 1970.

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
adding a second award of the Purple Heart to his DD Form 214.




                            ____Frank C. Jones____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070016559                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.04                                  |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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