RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 April 2005
      DOCKET NUMBER:  AR20040003381


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Ms. Ann M. Campbell               |     |Member               |
|     |Ms. Margaret V. Thompson          |     |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 correction of his records to show the Vietnam
Campaign Medal with 1960 Device; the Army Commendation Medal with "V"
Device; the Purple Heart with oak leaf clusters; the Bronze Star Medal with
"V" Device; the Combat Medics Badge (correctly known as the Combat Medical
Badge); the Vietnam Presidential Unit Citation; and the Republic of Vietnam
Gallantry Cross Unit Citation (correctly known as the Republic of Vietnam
Gallantry Cross with Palm Unit Citation).

2.  The applicant states that he received shrapnel wounds to his back on 3
April 1969.  The applicant further states that he received shrapnel wounds
to his back and wrist on 6 May 1969 and at a later time the same day to his
foot.

3.  The applicant provides a memorandum, dated 23 June 2004, from a
Department of Veterans Affairs National Service Officer which outlines his
request; a DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge); a DA Form 4 (Enlistment Record-Armed Forces of the
United States); a copy of his DA Form 20 (Enlisted Qualification Record); a
copy of Headquarters, 1st Cavalry Division (Airmobile) General Orders
Number 8806 and 5635; a copy of a certificate for the Army Commendation
Medal; a certificate for award of the Purple Heart; an undated article
titled "Skytroopers Repel Desparate NVA Attack;" an undated article titled
"Red Blitzkrieg Fails, 101 Die in Viet Battle;" and a copy of a memorandum
from the Commanding Officer of the Naval Hospital at St. Albans, New York,
dated 23 July 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on   14 November 1969, the date of his separation from active
service.  The application submitted in this case is dated 23 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 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 requested correction of his records to show award of the
Bronze Star Medal with "V" Device.  There are no orders or other evidence
authorizing award of this decoration to the applicant.  In the absence of a
proper award authority, the applicant may request award of the Bronze Star
Medal with "V" Device under the provisions of Section 1130 of Title 10,
United States Code.  The applicant has been notified by separate
correspondence of the procedures for applying for this decoration under
Section 1130 and, as a result, it will not be discussed further in this
Record of Proceedings.

4.  The applicant enlisted in the Regular Army on 25 July 1965 for a period
of three years.  He completed basic and advanced individual training and
was awarded the military occupational specialty 91A10 (Medical Corpsmen).
The applicant was separated by reason of physical disability on 14 November
1969.

5.  Records show that, on 22 January 1969, the applicant was assigned to
the Headquarters and Headquarters Support Battery, 2nd Battalion, 19th
Artillery,
1st Cavalry Division (Airmobile) in Vietnam.  He was medically evacuated
from Vietnam on or about 12 July 1969.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows that he was awarded the National Defense Service Medal, the Vietnam
Service Medal, the Good Conduct Medal, and the Purple Heart.  The
applicant's DD Form 214 does not show award of the Vietnam Campaign Medal.


7.  Item 40 (Wounds) of the applicant's DA Form 20 contains the entry "FW-L-
Big Toe 6 May 1969".  No other wounds or injuries are annotated on this
record.

8.  The applicant's records contain General Orders Number 5635,
Headquarters, 1st Cavalry Division (Airmobile), dated 9 May 1969.  These
orders show that the applicant was awarded the Purple Heart for wounds
received in connection with military operations against a hostile force on
6 May 1969.

9.  The applicant provided a copy of General Orders Number 8806,
Headquarters, 1st Cavalry Division, dated 18 July 1969.  These orders that
the applicant was awarded the Army Commendation Medal with "V" Device for
heroism in connection with military operations against a hostile force in
Vietnam
on 6 May 1969.

10.  General Orders 8806 contained a narrative which described the
applicant's actions for which he was awarded the Army Commendation Medal
with "V" Device.  The narrative stated that the applicant's unit came under
heavy rocket and mortar fire and the applicant moved throughout the battery
area in search of wounded personnel.  The applicant, after ensuring that
there were no casualties, moved to the howitzer position and when
sufficient ammunition was available, he then directed fire on the attacking
enemy force.

11.  The applicant's records contain a copy of a medical board summary
which stated that the applicant arrived at the Naval Hospital at St.
Albans, New York on 22 July 1969 with a fracture of the right navicular
bone [one of the seven tarsal bones of the human foot ] after being air
evacuated from Vietnam.  Records also show that the applicant injured his
right wrist while attempting to dive into a hole for protection during a
rocket attack.

12.  The applicant provided a copy of Navy Orders Number 1650, dated 23
July
1969 from the Commanding Officer of the Naval Hospital at St. Albans, New
York.  These orders show that the applicant was awarded the Purple Heart
under authority granted by the Secretary of the Navy.  This memorandum also
shows that this award of the Purple Heart was based on wounds the applicant
received in action against armed forces enemies of the United States on 3
April 1969.

13.  There are no General Orders in the available records which show that
the applicant was awarded the Combat Medical Badge.

14.  Review of the applicant's records indicates entitlements to additional
awards and decorations which are not shown on his DD Forms 214.

15.  Records show that the applicant participated in the Vietnam
Counteroffensive Phase VI (2 November 1968 to 22 January 1969), the Tet
Counteroffensive
(23 February 1969 through 8 June 1969), and the Vietnam Summer-Fall
Campaign
(9 June 1969 through 31 October 1969).

16.  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 the unit, to which the applicant
was assigned,
2nd Battalion, 19th Artillery, 1st Cavalry Division, was cited for award of
the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
based on Department of the Army General Orders Number 42, dated 1972.

17.  Department of the Army Pamphlet 672-3 also shows that the 2nd
Battalion,
19th Artillery was cited for award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 43, dated 1970.


18.  Army Regulation 600-8-22 provides, in pertinent part, 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, and the
medical treatment must have been made a matter of official record.  The
bronze oak leaf cluster is awarded to denote the second and succeeding
awards of certain decorations, among which is the Purple Heart.

19.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal.  This medal was awarded by the Government of
Vietnam to all members of the Armed Forces of the United States for
qualifying service in Vietnam during the period 1 March 1961 through 28
March 1973.  Qualifying service included assignment in Vietnam for 6 months
or more and contributed direct combat support to the Republic of Vietnam
and Armed Forces. Individuals who had qualified for award of the Vietnam
Service Medal or the Armed Forces Expeditionary Medal and were evacuated
prior to completing six months of service due wounds resulting from hostile
action were entitled to award of the Vietnam

20.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Medical Badge is awarded to medical department personnel (colonel and
below) who are assigned or attached to a medical unit of company or smaller
size that is organic to an infantry unit of brigade, regimental or smaller
size which is engaged in active ground combat.  Battle participation credit
is not sufficient; the infantry unit must have been in contact with the
enemy.  This regulation also stated special provisions for award of the
Combat Medical Badge during the Vietnam conflict.  These provisions
permitted award of the Combat Medical Badge to soldiers assigned to a
Vietnamese unit engaged in actual ground combat or as a member of U.S. Army
infantry unit of brigade or smaller size including Special Forces
Detachments serving with the Republic of Vietnam units engaged in actual
ground combat.  The special provisions required that the soldier must have
been personally present and under hostile fire while assigned as specified.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be changed to show
awards he earned during his Vietnam service.

2.  General Orders Number 8806, dated 18 July 1969, shows that the
applicant was awarded the Army Commendation Medal with "V" Device for
heroism in connection with military operations against a hostile force in
Vietnam on
6 May 1969.  Therefore, the applicant is entitled to have his records
corrected to show this award.
3.  General Orders Number 5635, dated 9 May 1969, shows that the applicant
was awarded the Purple Heart for wounds received as a result of hostile
action on 6 May 1969.  Navy Orders Number 1650, dated 23 July 1969, shows
that the applicant was awarded the Purple Heart for wounds received in
action against  armed enemies of the United States on 3 April 1969.
Therefore, the applicant is entitled to correction of his records to show
the Purple Heart with 1st Oak Leaf Cluster.

4.  The Combat Medical Badge is awarded to medical department personnel
(colonel and below) who are assigned or attached to a medical unit of
company or smaller size that is organic to an infantry unit of brigade,
regimental or smaller size.  Records show the applicant served with the
19th Artillery, 1st Cavalry Division (Airmobile).  Therefore, he is not
authorized the Combat Medical Badge

5.  Evidence of record shows the applicant participated in three campaigns
during his service in Vietnam and is authorized to wear three bronze
service stars on his Vietnam Service Medal.  His DD Form 214 should be
corrected to reflect this fact.

6.  The applicant’s unit also received the Republic of Vietnam Gallantry
Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions
Honor Medal, First Class.  Therefore, he is entitled to correction of his
military records to show these awards.

7.  The applicant's unit was not awarded the Presidential Unit Citation
during the time-frame in which he served.  Therefore, he is not entitled to
this award.

8.  The applicant is entitled to correction of his records to show the
Vietnam Campaign Medal with 1960 Device based on his service in Vietnam.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 November 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 13 November 1969.  Although the applicant did not file
within the 3-year statute of limitations, it is in the interest of justice
to excuse failure to timely file in this








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jev___  __amc___  __mvt___  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.  deleting the Purple Heart, and

      a.  adding the Purple Heart with 1st Oak Leaf Cluster, the Army
Commendation Medal with "V" Device; the Vietnam Campaign Medal with 1960
Device; the Republic of Vietnam Civil Actions Honor Medal First Class; the
Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the
Vietnam Service Medal with three bronze service stars.

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
the Combat Medical Badge and the Presidential Unit Citation.






                                  James E. Vick
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003381                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050414                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0015                                |
|3.                      |107.0020                                |
|4.                      |107.0094                                |
|5.                      |107.0095                                |
|6.                      |                                        |


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