RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 February 2005
      DOCKET NUMBER:  AR20040000937


      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. Carl W. S. Chun               |     |Director             |
|     |Mr. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Larry J. Olson                |     |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 all of his authorized awards be entered on
his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant, in effect, states that he was authorized the Purple
Heart, the Army Commendation Medal with "V" Device, the Vietnam Service
Medal with two bronze service stars, the Vietnam Campaign Medal with "1960"
Device, the Combat Infantryman Badge and the Sharpshooter Badge with Rifle
Bar.

3.  The applicant provides copies of his DD Form 214, a copy of his DD Form
215 (Correction to DD Form 215) which added the Army Commendation Medal and
the Purple Heart to his authorized awards and a letter from the National
Personnel Records Center verifying his entitlement to the awards listed in
paragraph 2 above.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error  which
occurred on 29 April 1970.  The application submitted in this case is dated
20 April 2004.

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 enlisted and entered active duty on 19 September 1968.
He completed training as a Armor Reconnaissance Specialist in military
occupational specialty (MOS) 11D and was posted to Vietnam.  He served as a
senior scout with B Troop, 1st Squadron 11th Armored Cavalry Regiment, from
24 April 1969 to 23 April 1970.

4.  He was awarded the Army Commendation Medal with "V" Device for heroism
on 7 June 1969 in an action in which he was wounded and the rest of his
crew injured or killed.

5.  The applicant was separated early as an overseas returnee on 29 April
1970. His DD Form 214 lists his authorized awards as the National Defense
Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the
Combat Infantryman Badge and the Sharpshooter Badge with Rifle Bar.

6.  His DA Form 20 (Enlisted Qualification Record) shows that his
authorized awards are the Army Commendation Medal with "V" Device, the
National Defense Service Medal, the Vietnam Service Medal, the Vietnam
Campaign Medal, the Combat Infantryman Badge, the Sharpshooter Badge with
Rifle Bar and the Marksman Badge with Grenade Bar.  He was credited with
participation in two campaign periods.

7.  The only award orders in his available records are General Orders
Number 3516, II Field Force Vietnam, which awarded him the Army
Commendation Medal with "V" Device and noted that he was wounded.

8.  In August 1993 the Army Reserve Personnel Center (ARPERCEN) in St.
Louis questioned the absence of orders for the Purple Heart, but ultimately
determined that the applicant was eligible for that award.  ARPERCEN issued
a DD Form 215 adding the Army Commendation Medal and the Purple Heart to
item 24 of his DD Form 214.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows
that during the applicant's tenure the 11th Armored Cavalry Regiment was
authorized the Valorous Unit Award and the Republic of Vietnam Gallantry
Cross with Palm Unit Citation Badge.

10.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign listed in Appendix B of
the regulation and states that authorized bronze service stars will be worn
on the appropriate campaign or service medal.  The regulation also lists
the designated campaign periods for which a bronze service star is
authorized for wear on the Vietnam Service Medal.  The applicant served
during the following three designated campaign periods:  Tet 69
Counteroffensive, 23 February 1969 – 8 June 1969; Vietnam Summer-Fall 1969,
9 June 1969-31 October 1969; Vietnam Winter-Spring 1970; 1 November 1969-30
April 1970.

11.  Army Regulation 600-8-22 also provides 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 by a medical officer, and the medical treatment must
have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the DD Form 215, the applicant's awards are still not
properly reflected on his DD Form 214.

2.  He was awarded the Army Commendation Medal with "V" Device, not the
Army Commendation Medal.

3.  His orders for the Army Commendation Medal with "V" Device state that
he was wounded.  He is, therefore, entitled to an award of the Purple
Heart, but there are no available orders.

4.  The applicant participated in three designated campaign periods and is
entitled to wear three bronze service stars on his Vietnam Service Medal.

5.  His Vietnam combat unit was awarded the Valorous Unit Award and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge for
service during his tour of duty.

6.  His weapons qualifications included the Marksman Badge with Grenade Bar
as well as the Sharpshooter Badge with Rifle Bar.

BOARD VOTE:

__MM___  __LJO___  __LAB__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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.  Issuing orders showing that he was awarded the Purple Heart for
wounds sustained on 7 June 1969, and;


      b.  showing that his authorized awards include the Purple Heart, the
Army Commendation Medal with "V" Device, the National Defense Service
Medal, the Vietnam Service Medal with three bronze service stars, the
Vietnam Campaign Medal with "1960" Device, the Valorous Unit Award, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, the
Combat Infantryman Badge, the sharpshooter Badge with Rifle Bar and the
Marksman Badge with Grenade Bar.




                            _    Melvin H. Meyer_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000937                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050203                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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