RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            24 May 2005
      DOCKET NUMBER:  AR20040004585


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret V. Thompson          |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 the Purple Heart (PH) 1st Oak
Leaf Cluster, Air Medal (AM) 17th Award, Bronze Star Medal (BSM) and Army
Commendation Medal (ARCOM) be added to his record and separation document
(DD Form 214).

2.  The applicant states, in effect, that he earned the awards in question
while serving in the Republic of Vietnam (RVN).  He notes that he was
awarded the BSM on the same day he received one of his PHs.

3.  The applicant provides an AM (17th Award) Certificate, BSM Certificate
and ARCOM Certificate in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 19 December 1968.  The application submitted in this case
is dated 19 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.  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’s record shows he enlisted in the Regular Army and
entered active duty on 12 January 1966.  He was initially trained in and
awarded military occupational specialty (MOS) 62E (Engineer Equipment
Repairer) and was later awarded the secondary MOS 11B (Infantryman).  The
highest rank he attained while serving on active duty was specialist four/E-
4.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 28 October 1966 through 27 May 1968.  During his
RVN tour, he was assigned to Company A, 588th Engineer Battalion,
performing duties in MOS 62E as a tractor operator from 5 November 1966
through
4 September 1967.  He was also assigned to the 118th Assault Helicopter
Company, performing duties in MOS 11B as a door gunner from 5 September
1967 through 27 May 1968.
5.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows
that during his active duty tenure, he earned the PH 1st Oak Leaf Cluster,
AM, ARCOM, Aircraft Crewmember Badge (ACB), Vietnam Service Medal (VSM),
National Defense Service Medal (NDSM) and Sharpshooter Qualification Badge
with Rifle Bar.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of Headquarters, 1st Infantry Division General Orders (GO) Number (#)
1627, dated 15 March 1967, which awarded the applicant the ARCOM, for
meritorious achievement for the period 8 through 26 January 1967.

7.  The MPRJ also contains copies of Headquarters, 12th Combat Aviation
Group GO # 22 and GO #23, dated 12 April 1968.  GO # 22 awarded the
applicant the PH for being wounded in action on 5 February 1968.  GO # 23
awarded him the PH 1st Oak Leaf Cluster for being wounded in action on
8 February 1968.

8.  On 19 December 1968, the applicant was honorably separated after
completing 2 years, 11 months and 8 days of active military service.  The
DD Form 214 he was issued confirms he held the rank of private first class
on the date of his separation.  Item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows
he earned the following awards during his tenure on active duty:  NDSM, VSM
with 3 bronze service stars, Vietnam Campaign Medal with 1960 Device,
Sharpshooter Qualification Badge with Rifle Bar, 3 Overseas Bars, AM, ACB
and PH.

9.  The applicant provides an AM Certificate, dated 6 June 1968.  This
document indicates he was awarded the 1st through 17th Oak Leaf Clusters to
the AM, for meritorious achievement while participating in aerial flight in
the RVN during the period 27 September 1967 through 15 April 1968.  He also
provides a BSM Certificate that indicates he was awarded the BSM, for
heroism in ground combat in the RVN on 5 February 1968.

10.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  Paragraph 3-13 of the awards regulation outlines the criteria for
award of the BSM.  It states, in pertinent part, that it is awarded to
members who distinguish themselves by heroic or meritorious achievement or
service, not involving participation in aerial flight, in connection with
military operations against an armed enemy.  The regulation stipulates that
a Valor (“V”) Device is authorized with a BSM awarded for heroism.
11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s units (588th Engineer Battalion and
118th Aviation Company) earned the Meritorious Unit Commendation, RVN Civil
Actions Honor Medal First Class Unit Citation and RVN Gallantry Cross with
Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that the AM (17th Awd), BSM, PH 1st Oak Leaf
Cluster and ARCOM should be added to the list of awards contained on his DD
Form 214 was carefully considered and found to have merit.  The evidence of
record includes copies of GOs awarding the applicant the PH 1st Oak Leaf
Cluster and ARCOM.  Therefore, he clearly earned these awards and it would
be appropriate to add them to his separation document at this time.

2.  The evidence of record does not contain any orders or documents that
corroborate the applicant’s claim of entitlement to the 17th Award of the
AM or the BSM.  However, he does provide award Certificates that indicate
he earned these awards.

3.  The AM Certificate provided by the applicant indicates he was awarded
the 1st through 17th Award of the AM for meritorious achievement while
participating in aerial flight in the RVN during the period 27 September
1967 through 15 April 1968.  The BSM Certificate he provides indicates that
he earned this award for heroism in ground combat in the RVN on 5 February
1968, which is the same date he was first wounded in action.  There is no
reason to question the validity of the award certificates provided by the
applicant and they are sufficiently corroborated by the record to support
adding them to his record at this time.

4.  The evidence of record also confirms that based on his RVN service, the
applicant is also entitled to the Meritorious Unit Commendation, RVN Civil
Actions Honor Medal First Class Unit Citation and RVN Gallantry Cross with
Palm Unit Citation.  As a result, it would also be appropriate to add these
awards to his record and separation document at this time.

BOARD VOTE:

___MVT _  ___JTM _  ___LGH_  GRANT 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 amending Item 24 of the applicant’s 19
December 1968 DD Form 214 by adding the Purple Heart 1st Oak Leaf Cluster,
Bronze Star Medal with “V” Device, Army Commendation Medal, Air Medal (17th
Award), Meritorious Unit Commendation, Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry
Cross with Palm Unit Citation; and by providing him a corrected separation
document that includes these changes.




            ____Margaret V. Thompson__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040004585                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/05/24                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/12/19                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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