RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          5 May 2005
      DOCKET NUMBER:  AR20040004454


      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. James E. Anderholm            |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 or Discharge) be corrected to show award of the
Silver Star and the Purple Heart (PH).

2.  The applicant states that he is authorized award of the Silver Star and
the PH, however, he never received the medals.

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

      a.  DD Form 214, issued on 2 December 1969.


      b.  A portion of a Department of Veterans Affairs (DVA) Rating
Decision, dated 18 September 2003 which shows the applicant was rated 0
percent disabled for service connection disability for a "corneal scar with
1+ cataract (claimed as partial loss of sight)."  He contended that he has
a partial loss of sight in his left eye due a bullet hitting his helmet and
flexi glass breaking off hitting him in the left eye.  He was also rated 20
percent disabled due to diabetic peripheral neuropathy right lower
extremity and 50 percent disabled due to post-traumatic stress disorder
with secondary depression and alcohol abuse.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
2 December 1969.  The application submitted in this case is dated 8 July
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.  However, based on decisions of the U.S.
Court of Appeals, the ABCMR has adopted the policy of calculating its 3-
year statute of limitations from the date of final action in those requests
wherein an applicant has sought a lower level administrative remedy.
Requests for awards submitted under Title 10, United States Code, Section
1130 (10 USC 1130) to the Army Decorations Board are considered a lower
level administrative remedy.  Since there is no statute of limitations on
filing requests for awards under 10 USC 1130, the ABCMR has determined that
the 3-year statute of limitations for filing with ABCMR should commence on
the date of final action on an award request by the Army Decorations Board.

3.  The applicant requests correction of his records to show award of the
Silver Star.  There are no orders or other evidence available that
authorizes award of this decoration to the applicant.  In the absence of a
proper award authority for this decoration, the applicant may request award
of the Silver Star 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’s military records show that on 28 April 1967, he
enlisted in the Regular Army.  He completed the training requirements and
he was awarded military occupational specialty (MOS) 67N (Crew Chief).

5.  The applicant was assigned to Vietnam with duties in his MOS from
22 November 1967 to 29 November 1969.  During this period of service, he
served with Headquarters and Headquarters Company, 9th Division Artillery,
9th Infantry Division from 1 December 1967 until he was assigned to
D Troop, 3rd Squadron, 5th Cavalry, 9th Infantry Division on 30 July 1969.
He was further assigned to the United States Army Pacific Command on
1 September 1969 and he served with this unit until he left Vietnam and
returned to the United States.

6.  The applicant served in Vietnam during Vietnam Counteroffensive Phase
III, Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam
Counteroffensive Phase V, Tet 1969 Counteroffensive, and the Vietnam Summer-
Fall 1969 campaigns.

7.  The applicant's DD Form 214 shows that, on 2 December 1969, he was
honorably separated from active duty and transferred to the United States
Army Reserve.  His DD Form 214 also shows he was awarded the Bronze Star
Medal, Army Commendation Medal with one Oak Leaf Cluster, National Defense
Service Medal, Vietnam Service Medal (VSM), and the Vietnam Campaign Medal.


8.  The applicant's DA Form 20 (Enlisted Qualification Record) Item 40
(Wounds) is not annotated to show he was wounded as a result of hostile
fire.  His name also does not appear on the Vietnam Casualty List, a
compilation of all casualties during the Vietnam War.

9.  The applicant's DA Form 20 shows that his conduct and efficiency
ratings were excellent, from 28 April 1967 until he left Vietnam on 29
November 1969.  The available record also contains no recorded misconduct
or punishment.

10.  Special Orders Number 254, United States Army Aviation School, dated
18 October 1969 shows the applicant was awarded the Expert Marksman
Qualification Badge, M-16 Rifle.

11.  General Orders Number 6994, Headquarters, 9th Infantry Division, dated

20 June 1969 shows the applicant was awarded the Air Medal with "V" Device
for heroism while participating in an aerial flight in connection with
military operations against a hostile force in Vietnam on 25 April 1969.

12.  Army Regulation 600-8-22 (Military Awards) sets forth Department of
the Army criteria, policy and instructions concerning individual military
awards, the Good Conduct Medal (GCMDL), service medals and service ribbons,
combat and special skill badges and tabs, unit decorations, and trophies
and similar devices awarded in recognition of accomplishments.  This
regulation provides, in pertinent part, that the:



      a.  PH 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.
This regulation also provides that there is no statute of limitations on
requests for award of the PH.

      b.  GCMDL 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.  Although there is no automatic entitlement to
the GCMDL, disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.
There is no evidence the applicant was ever denied award of the GCMDL.

      c.  AM is awarded in time of war for heroism and for meritorious
achievement or service while participating in aerial flight.  This award is
primarily intended for personnel on flying status, but may also be awarded
to those personnel whose combat duties require them to fly; for example,
personnel in the attack elements of units involved in air-land assaults
against an armed enemy.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders is required.  The bronze “V” Device indicates acts of heroism
involving conflict with an armed enemy and it is authorized in conjunction
with award AM.
d.   Bronze service star (BSS) is authorized  based on qualifying service,
for each campaign listed in Appendix B of this regulation and states that
authorized BSS's will be worn on the appropriate service medal.  The
applicant is authorized award of six BSS's (a silver service star is worn
to represent award of five BSS's), therefore, he is authorized award of a
silver service star and one BSS's to be worn on the VSM to represent the
campaigns in which he participated from 22 November 1967 to 29 November
1969.

13.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Oversea Service Bar (OSB).  In pertinent part, it provides that a
bar is authorized for wear for each period of active Federal service as a
member of the U.S. Army outside of the continental limits of the United
States.  There are special provisions regarding authorization for the OSB
for service in a hostile fire zone and for combining service to calculate
award of the bars.  For Vietnam service, one overseas service bar is
authorized for each period of 6 months active Federal service as a member
of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the
month of arrival and the month of departure from Vietnam are counted as a
whole months for credit toward the overseas service bar.  The applicant is
authorized award of four OSB's to represent his service from 22 November
1967 to 29 November 1969.

14.  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 was cited for award of the Meritorious Unit Commendation (MUC)
for the period 31 December 1966 to 24 January 1969 by Department of the
Army General Order (DAGO) Number 39, dated 1970.  It also shows the unit
was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm
for the period
31 December 1966 to 24 January 1969 by DAGO (DAGO) Number 31, dated 1969
and the Republic of Vietnam Civil Actions Honor Medal, First Class for the
period 19 December 1966 to 28 June 1969 by DAGO Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name does not appear on the Vietnam Casualty List and
the applicant's DA Form 20 does not support that he was wounded while
serving in Vietnam.  The DVA Rating Decision that was prepared more than 35
years after the fact is not sufficient to establish a basis for award of
the PH.

2.  General Orders Number 6994, dated 20 June 1969 for awarded the AM with
bronze "V" Device and Special Orders Number 254, dated 18 October 1969, for
award of the Expert Marksman Qualification Badge, M-16 Rifle are sufficient
to support correcting his DD Form 214 to show these awards.
3.  The applicant's DD Form 214 should be corrected to show award of the
GCMDL.  The evidence shows that both his conduct and efficiency rating were
excellent from the date of enlistment until he returned from Vietnam and
was separated from military service.  There is also no evidence to indicate
that he was ever denied award of the GCMDL.

4.  The available evidence also supports correcting the applicant's record
to show the following awards for his period of service from 22 November
1967 to
29 November 1969:

      a.  Silver service star and to one BSS to be worn on the VSM;


      b.  Four OSB's;


      c.  MUC;


      d.  Republic of Vietnam Gallantry Cross Unit Citation with Palm; and


      e.  Republic of Vietnam Civil Actions Honor Medal, First Class.


BOARD VOTE:

________  ________  ________  GRANT RELIEF

__jea___  __lgh___  __lvb___  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 showing award of the AM
with bronze "V" Device, GCMDL, Expert Marksman Qualification Badge, M-16
Rifle, silver service star and one BSS to be worn on the VSM, four OSB's,
MUC, Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the
Republic of Vietnam Civil Actions Honor Medal, First Class.
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
award of the PH.



                 James E. Anderholm
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040004454                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050505                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0018                                |
|3.                      |107.0056                                |
|4.                      |107.0079                                |
|5.                      |107.0094                                |
|6.                      |107.0095                                |

      A portion of a Department of Veterans Affairs (DVA) Rating Decision,
dated 18 September 2003 which shows the applicant contended that he has a
partial loss of sight in his left eye due to an injury that occurred in
Vietnam when a bullet hit his helmet, ruptured the flexi and hit him in the
left eye.  Due to this injury, he was rated 0 percent disabled for service
connection disability for a corneal scar with 1+ cataract.  He was rated 20
percent disabled due to diabetic peripheral neuropathy right lower
extremity.  He was also rated 50 percent disabled due to post-traumatic
stress disorder with secondary depression and alcohol abuse.

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