RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2005
      DOCKET NUMBER:  AR20040011402


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 two awards of the Purple Heart, Air Medals, and
correction of his Marksmanship Badge, and Military Occupational Specialty
(MOS).

2.  The applicant states, in effect, that the awards are not recorded and
that the Marksmanship Badge and MOS are incorrectly recorded on his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a self-authored document addressing the alleged
errors, two letters he wrote to a veteran organization and his former
Sergeant Major, a letter from his doctor, an extract of the 238th Aerial
Weapons Company's (AWC) unit history, and a document containing six
photographs.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
18 September 1969, the date of his separation from the United States Army.
The application submitted in this case is dated 9 December 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.  Military records show that the applicant was inducted into the United
States Army on 14 February 1968.  After completion of basic combat training
and advanced individual training, the applicant was awarded MOS 64A (Light
Vehicle Driver).

4.  The applicant's records show that he was assigned to the 2nd
Transportation Company (Light Truck) in Vietnam from 14 September 1968
through
18 September 1969.  He was separated on 18 September 1969 under honorable
conditions and completed 1 year, 7 months, and 5 days of active duty.




5.  The applicant's DD Form 214, with an effective date of 18 September
1969, shows that he was awarded the National Defense Service Medal, Vietnam
Service Medal, Republic of Vietnam Campaign Medal, two Overseas Service
Bars, and the U.S. Army Basic Marksmanship Qualification Badge (M-14
Rifle).  This document also shows in Item 23a (Specialty Number & Title)
the entry, "64B2O Hvy Veh Dvr".

6.  There are no orders in the applicant’s service personnel records which
show that he was awarded the Purple Heart.  There also is no evidence in
his records that he was wounded or treated for wounds as a result of
hostile action.  His DA Form 20 (Enlisted Qualification Record) does not
show any entry in Item 40 (Wounds) or list the Purple Heart in Item 41
(Awards and Decorations).  The applicant's name is not listed on the
Vietnam Casualty Roster.

7.  The applicant's records contain Standard Form 89 (Report of Medical
History), dated 18 September 1969, which was completed in conjunction with
his separation processing.  The applicant did not indicate on that document
that he had incurred any wounds while serving in Vietnam.

8.  The applicant provided a self-authored document that shows he
ascertained the dates of his wounds (i.e., 18 June 1969 and 26 July 1969)
based on a telephone call he received from his former Sergeant Major on 12
July 2004.

9.  The applicant also provided a letter from Kristine Bell, M.D., dated
8 December 2004, which states, in effect, in her professional opinion, the
scars the applicant received are consistent with the shrapnel wounds the
applicant described to her.

10.  U.S. Army Training Center, Infantry and Fort Lewis (Provisional), Fort
Lewis, Washington, Special Orders Number 92, dated 2 April 1968, shows that
the applicant completed a Basic Rifle Marksmanship Course with the M-14
Rifle and was awarded the Marksman Badge with M-14 Rifle Bar, effective 25
March 1968.

11.  The applicant's records show that he received formal training in 1968
and was awarded MOS 64A (Light Vehicle Driver).  U.S. Army Support Command
(Vietnam), Special Orders Number 31, dated 31 January 1969, shows the
applicant was subsequently awarded MOS 64B (Heavy Truck Driver) upon
promotion to the rank of specialist/pay grade E-4.



12.  There is no evidence of records that shows the applicant was assigned
to the 238th AWC, or that he served as a helicopter door gunner while
serving in Vietnam.  In addition, there are no orders in the applicant's
service personnel records which show that he was awarded the Air Medal.

13.  The applicant provided six photographs in support of his request.
These photographs show a Soldier sitting on the hood of a cargo transport
truck and photographs of helicopters, some which are being refueled by
Soldiers.

14.  Review of the applicant's personnel records indicates that he may be
entitled to additional awards that are not shown on his DD Form 214.

15.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of “excellent” throughout his service.

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 that, at the time of the
applicant's assignment to the 2nd Transportation Company Light Truck
(Vietnam), the unit was cited twice for award of the Meritorious Unit
Commendation by Headquarters, Department of the Army, General Orders Number
36, 1970, and Department of the Army, General Orders Number 48, 1971.

17.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 2nd Transportation Company Light Truck,
the unit was awarded the Republic of Vietnam Gallantry Cross Unit Citation
with Gold Star by Headquarters, Department of the Army, General Orders
Number 24, 1972; and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters, Department of the Army, General Orders Number 8,
1974.

18.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in four campaigns during his service in Vietnam;
however, his records do not show award of bronze service stars to recognize
campaign participation.  This document shows that the applicant
participated in the Vietnam Counteroffensive, Phase V; Vietnam
Counteroffensive, Phase VI; TET 69 Counteroffensive, 1969; and Vietnam
Summer-Fall, 1969; a total of four campaigns.

19.  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.  There
is no statute of limitations governing requests for award of the Purple
Heart.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the Air
Medal 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 are required.

21.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their exemplary
conduct, efficiency and fidelity during a qualifying period of active duty
enlisted service.  After 27 June 1950 to the present time, the current
standard for award of the Good Conduct Medal is 3 years of qualifying
service, but as little as one year is required for the first award in those
cases when the period of service ends with the termination of Federal
military service.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of two Purple
Hearts.

2.  The applicant contends, in effect, that he was assigned to the 238th
AWC and performing duties as a helicopter door gunner on 18 June 1969 and
26 July 1969 when he was wounded.  However, the applicant has provided
insufficient evidence to support these assertions.

3.  There is no evidence the applicant was awarded the Purple Heart.  There
is no medical evidence of record which shows that the applicant was wounded
or treated for wounds as a result of hostile action.  Therefore, there is
insufficient evidence upon which to base award of the Purple Heart in this
case.



4.  There is no evidence of records that shows the applicant was assigned
to the 238th AWC, or that he performed duties as a helicopter door gunner
while serving in Vietnam.  Therefore, he is not entitled to have his
records changed to correct the MOS, nor is he entitled to award of the Air
Medal.

5.  There is no evidence of records that shows the applicant completed the
Basic Marksmanship Course qualifying with the M-16 rifle.  Therefore, he is
not entitled to correction of his records to show award of this badge.

6.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 14 February 1968 through 18 September 1969 based on
completion of a period of qualifying service ending with the termination of
a period of Federal military service.  Therefore, he is entitled to
correction of his records to show this award.

7.  General Orders award the applicant's unit the Meritorious Unit
Commendation on two separate occasions.  Therefore, it would be appropriate
to correct his records to show this unit award.

8.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Gold Star Unit Citation and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Paragraph 6 of Department of the
Army Pamphlet 672-3 states that not more than one Vietnam Gallantry Cross
Unit Citation will be worn by any individual, thereby, precluding wear of
the Vietnamese Fourragere that represents multiple awards of the Vietnam
Gallantry Cross.  The regulation provides that, although multiple awards of
this unit citation are not authorized for wear, official military and
historical records will indicate all awards received.  Therefore, it would
be appropriate to correct his records to show both of these foreign unit
awards.

9.  Records show that the applicant served in four campaigns in Vietnam;
therefore, he is entitled to correction of his records to show award of
four bronze service stars to be affixed to his Vietnam Service Medal.

10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 September 1969, the date of his
discharge; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 17 September 1972.
Although the applicant did not file within the ABCMR's statute of
limitations, it is appropriate to waive failure to timely file based on the
fact there is no statute of limitations on requests for award of the Purple
Heart.
11.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MHM_  __JTM__   __JBG__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show the first award of the Good Conduct Medal, the Vietnam
Service Medal with four bronze service stars, the Meritorious Unit
Commendation with one Oak Leaf Cluster, the Republic of Vietnam Gallantry
Cross with Gold Star Unit Citation, and the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.



                                  ____  Melvin H. Meyer_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011402                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19690918                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5                   |
|DISCHARGE REASON        |Expiration Term of Service              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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