RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          26 April 2005
      DOCKET NUMBER:  AR20040002949


      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             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Karen A. Heinz                |     |Member               |
|     |Mr. Lawrence Foster               |     |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
award of the Purple Heart (PH), the Bronze Star Medal (BSM) with "V" Device
and any additional awards he is authorized.

2.  The applicant states, in effect, that he was wounded in Vietnam on
22 February 1968 while serving with Headquarters and Headquarters Company
(HHC), 11th Aviation Group, 1st Cavalry Division.

3.  The applicant provides in support of his request a:

      a.  DD Form 214 (Armed Forces of the United States Report of Transfer
or Discharge).

      b.  Undated, Veterans Administration (VA) Rating Disability
Compensation Claims Form.

      c.  General Orders Number 11513, Headquarters, 1st Air Cavalry
Division, dated 29 August 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
20 September 1968.  The application submitted in this case is dated 4 June
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’s military records show that he enlisted in the Regular
Army for
3 years on 23 September 1965.  He completed the training requirements and
he was awarded military occupational specialty (MOS) 11B, Light Weapons
Infantryman.
4.  On 1 September 1966, the applicant arrived in Vietnam.  He was assigned
to the 15th Supply and Service Battalion, 1st Cavalry Division from 2
September 1966 until he was further assigned to HHC, 11th Aviation Group,
1st Cavalry Division on 1 April 1967.  He served with the 11th Aviation
Group until he returned to Fort Benning, Georgia for separation processing
on 4 May 1968.

5.  General Orders Number 11513, Headquarters, 1st Air Cavalry Division,
dated 29 August 1968 shows the applicant was awarded the BSM with "V"
Device for heroism on 20 February 1968.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item
40 (Wounds) shows that he received a fragment wound to the left leg on
22 February 1968.

7.  The applicant's DD Form 214 shows that, on 20 September 1968, he was
honorably separated after completing 2 years, 11 months and 28 days of
active military service.  His DD Form 214 also shows he was awarded the
National Defense Service Medal, Vietnam Service Medal (VSM) with two bronze
service stars, Vietnam Campaign Medal with Device 60, Air Medal, Combat
Infantryman Badge, Parachutist Badge, three Overseas Service Bars, and the
Marksman Marksmanship Qualification Badge, M14 Rifle.

8.  The applicant served in Vietnam during Vietnam Counteroffensive Phase
II, Vietnam Counteroffensive Phase III, Tet Counteroffensive, and Vietnam
Counteroffensive Phase IV.

9.  On 24 September 1999, the applicant was issued a certificate for award
of the PH, for wounds he received in action on 22 February 1968.  The
applicant's name does not appear on the Vietnam Casualty List, a
compilation of all casualties during the Vietnam War.

10.  On 4 January 2000, the National Personnel Records Center (NPRC), St.
Louis, Missouri corrected the applicant's record and issued him a DD Form
215 (Correction to DD Form 214) to show award of the PH for wounds received
in action on 22 February 1968.

11.  The VA Rating Disability Compensation Claims Form provided by the
applicant shows he received a VA rating of 10 percent for a disabling
shrapnel fragment wound to the left thigh as of 31 August 1970.  He was
advised that his bilateral hearing loss and this stress fractures to both
upper tibias were also determined to be service-connected, however, the
conditions were less than
10 percent disabling and compensation was not payable.
12.  Army Regulation 600-8-22 (Military Awards) sets forth Department of
the Army criteria, policy and instructions concerning individual military
awards, service medals and service ribbons, combat and special skill badges
and tabs, unit decorations, and trophies and similar devices awarded in
recognition of accomplishments.  It provides, in pertinent part, that a:


      a.  PH is awarded for a wound sustained as a result of hostile action.
 Substantiating evidence must be provided to verify that:  (1) the wound
was the result of hostile action; (2) the wound required medical treatment;
and (3) the medical treatment was made a matter of official record.


      b.  BSM is awarded in time of war for heroism and for meritorious
achievement or service.  As with all personal decorations, formal
recommendation, approval through the chain of command, and announcement in
orders is required.  Recommendations must be made within 2 years of the
event or period of service and the award must be made within 3 years.  The
bronze “V” Device indicates acts of heroism involving conflict with an
armed enemy.

      c.  Bronze service star is authorized based on qualifying service for
each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.  The applicant is authorized four bronze service stars to be worn on
the VSM.

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 show the unit to which the applicant was
assigned was cited for award of the Meritorious Unit Citation (MUC) for the
period of service from 1 June 1967 to 31 May 1968 by Department of the Army
General Orders (DAGO) Number 28, dated 1969; his unit was also cited for
award of the Vietnam Gallantry Cross Unit Citation with Palm for the period
of service from 20 July 1965 to 28 March 1973 by DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows it would be appropriate to correct the
applicant's record to show award of the BSM with "V" Device, MUC and the
Vietnam Gallantry Cross Unit Citation with Palm.


2.  The evidence also supports deleting the two bronze service stars the
applicant was awarded and adding four bronze service stars to represent the
four campaigns in which he participated.


3.  The evidence available indicates that on 4 January 2000, the NPRC, St.
Louis corrected the applicant's record to show award of the PH and he was
issued a DD Form 215 to that effect.  This correction has been completed.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__mhm___  __lf____  __kah___  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 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 the BSM with "V" Device, MUC and the Vietnam Gallantry
Cross Unit Citation with Palm;


      b.  Deleting two bronze service stars; and


      c.  Adding four bronze service stars.



                 Melvin H. Meyer
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040002949                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050426                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0015                                |
|3.                      |107.0094                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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