RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           9 June 2005
      DOCKET NUMBER:  AR20040006470


      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:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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
his entitlement to a 2nd award of the Purple Heart (PH) and to a 5th award
of the
Air Medal (AM).

2.  The applicant states, in effect, that these earned awards were not
included in the list of authorized awards on his separation document (DD
Form 214).

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 23 February 1964.  The application submitted in this case
was received on 1 September 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 that he initially enlisted in the Regular
Army and entered active duty on 10 October 1961.  He was trained in,
awarded and served in military occupational specialty (MOS) 11B
(Infantryman).

4.  On 23 February 1964, the applicant was honorably discharged for the
purpose of immediate reenlistment.  The separation document (DD Form 214)
he was issued on that date shows that he held the rank of specialist four
(SP4) and that he had completed 2 years, 4 months and 14 days of active
military service.  It also shows that during this period of active duty
service, he earned the Marksman Qualification Badge with Rifle, Automatic
Rifle and Pistol Bars.

5.  On 24 February 1964, the applicant reenlisted for three years.  His
Enlisted Qualification Record (DA Form 20) shows that he served in the
Republic of Vietnam (RVN) from 4 January through 5 April 1966, and that
during this tour, he was assigned to Company B, 2nd Battalion, 27th
Infantry.

6.  Item 40 (Wounds) of the applicant’s DA Form 20 contains entries showing
that he was wounded in action on two separate occasions.  On 2 August 1965,
he received a fragment wound in the back; and on 17 March 1966, he received
shrapnel wounds to his legs.

7.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows
that he received two awards of the PH.  The first PH entry shows it was
awarded in Headquarters, United States Army Vietnam (USARV) General Orders
(GO) Number (#) 111, dated 3 August 1965, and the second PH entry shows it
was awarded in 93rd Evacuation Hospital GO # 36, dated in 1966.   Item 41
also shows the applicant was awarded the basic AM in 1965.

8.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of Headquarters, USARV GO # 111, dated 3 August 1965, which awarded
the applicant the PH, for being wounded in action in the RVN on 2 August
1965.  It also contains a copy of 93rd Evacuation Hospital GO # 36, dated
20 March 1966, which awarded him the PH, for being wounded in action in the
RVN on 17 March 1966.  The MPRJ also contains a copy of USARV GO # 994,
dated 15 October 1965, which awarded him the AM, for meritorious
achievement while participating in aerial flight during the period 11 June
through 26 June 1965.  No other orders authorizing additional awards of the
AM are on file in the record.

9.  On 18 May 1967, the applicant was honorably separated after completing
a total of 5 years, 7 months and 9 days of active military service.  The DD
Form 214 he was issued shows that he earned the following awards:  PH, AM,
Combat Infantryman Badge, Sharpshooter Qualification Badge with Rifle Bar,
Armed Forces Expeditionary Medal (Vietnam), National Defense Service Medal,
Vietnam Service Medal and RVN Campaign Medal.

10.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This
casualty list contains entries pertaining to the applicant that confirm he
was wounded in action while serving in the RVN on two separate occasions,
first on 2 August 1965 and again on 16 March 1966.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to award of the PH.  It states, in pertinent
part, that a second or subsequent award of the PH is recognized with an Oak
Leaf Cluster.

12.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal.  It states, in pertinent part, that a bronze service
star is authorized with this award for each campaign a member is credited
with participating in while serving in the RVN.  Table B-1 contains a list
of RVN campaigns.  It shows that during the applicant’s tenure of
assignment in the RVN, campaign credit was authorized for the Vietnam
Counteroffensive Phase I campaign.

13.  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 unit (2nd Battalion, 27th Infantry)
earned the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation
and RVN Civil Actions Honor Medal First Class Unit Citation.

14.  United States Army Vietnam (USARV) regulation 672-1 (Decorations and
Awards), in effect at the time, provided guidelines for award of the AM.
It defined terms and provided guidelines for the award based upon the
number and types of missions or hours.  Twenty-five Category I missions
(air assault and equally dangerous missions) and accrual of a minimum of 25
hours of flight time while engaged in Category I missions was the standard
established for which sustained operations were deemed worthy of
recognition by an award of the AM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to 5th award of the AM
was carefully considered.  However, the USARV regulation in effect at the
time required a member to complete twenty-five category I missions to
support each award of the AM.  The applicant’s MPRJ confirms he was awarded
the basic AM; however, there are no flight records, or any other documents
on file, to confirm his entitlement to additional awards of the AM.  As a
result, there is an insufficient evidentiary basis to support granting this
requested relief.

2.  The evidence of record does confirm the applicant’s claim of
entitlement to two awards of the PH.  Further, his MPRJ contains copies of
the GOs that authorized these awards.  Therefore, it would be appropriate
to add the entry
PH 1st Oak Leaf Cluster to the list of awards contained on his DD Form 214.


3.  The record also confirms that based on his RVN service and campaign
participation, he is entitled to the Valorous Unit Award, RVN Gallantry
Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class
Unit Citation and
1 bronze service stars with his Vietnam Service Medal.  Thus, it would also
be appropriate to add these awards to his record and separation document at
this time.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___MHM_  ___LE   _  ___CAK_  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 his entitlement
to the following awards:  Purple Heart with 1st Oak Leaf Cluster, Valorous
Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation,
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and
1 bronze service star with his Vietnam Service Medal; and by providing him
a corrected separation document that includes these awards.

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
additional awards of the
Air Medal.




            ____Melvin H. Meyer_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006470                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/09                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1967/05/18                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  61   |107.0015                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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