RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           25 August 2005
      DOCKET NUMBER:  AR2004011575


      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. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |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, three awards of the Air Medal (AM)
(currently known as AM with Numeral 3), Army Good Conduct Medal (AGCM),
Purple Heart (PH) 1st Oak Leaf Cluster, Republic of Vietnam Gallantry Cross
(RVNGC) with Palm Unit Citation, Explosive Ordinance Disposal Badge (EODB)
and 1 award of the Army Commendation Medal.  He also requests his military
occupational specialty (MOS) be corrected to show 11C (Indirect Fire
Infantryman) instead of 11B (Infantryman).

2.  The applicant states, in effect, that he flew hundreds of aerial flight
combat missions from January 1969 through January 1970, which entitles him
to three awards of the AM.  He also states that in 1969, he was evacuated
to and twice treated for combat related wounds at the Battalion (Bn) Aid
Station in Lai Kei, Vietnam, which entitles him to two awards of the PH.
He continues that he received one ARCOM and one AGCM instead of two awards
of the ARCOM.  He further claims he volunteered to be a member of the
Explosive Ordinance Disposal (EOD) team and completed all types of EOD
training, for which he was awarded the EODB.  The applicant also claims his
unit was awarded the RVNGC with Palm Unit Citation, and that he is entitled
to the AGCM.  He finally states that his MOS was changed when he was
promoted from private first class/E-3 (PFC/E-3) to specialist four/E-4
(SP4/E-4).

3.  The applicant provides, the following documents in support of his
request:  Self-Authored Statement; Headquarters (HQ's), 1st Infantry (Inf)
Division (Div) Letter; HQ's 1st Inf Div General Orders (GO) Number (#)
14783; HQ's 1st Inf Div,
GO #1528; Department of Veterans Affairs (VA) Rating Decision; and "The
First Infantry Division in Vietnam 1969" Booklets.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error that occurred
on
9 March 1970.  The application submitted in this case is dated 25 November
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 requests award of the AM with Numeral 3.  However, there
are no orders, flight records, or other evidence on file in his Official
Military Personnel File (OMPF) that confirms he is entitled to this award.
In the absence of authority for this award, he may request award of the Air
Medal with Numeral 3 under the provisions of Section 1130 of Title 10 of
the United States Code (10 USC 1130).  He has been notified by separate
correspondence of the procedures for applying for this award under 10 USC
1130.  As a result, the applicant’s request for award of the AM with
Numeral 3 will not be discussed further in this Record of Proceedings.

4.  The applicant’s military records show he was inducted into the Army of
the United States and entered active duty on 6 August 1968.  He
successfully completed basic training at Fort Bliss, Texas and advanced
individual training (AIT) at Fort Ord, California.  Upon completion of AIT,
he was awarded MOS 11B.

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 9 January 1969 through 9 March
1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he
was assigned to Company (Co) A, 2nd Battalion (Bn), 16th Inf Div, and that
he received "Excellent" conduct and efficiency ratings at each of his
active duty assignments.

6.  Item 40 (Wounds) of the applicant’s DA Form 20 contains no entry and
Item 41 (Awards and Decorations) contains the following list of awards he
received during his active duty tenure:  National Defense Service Medal
(NDSM), Vietnam Service Medal (VSM), Combat Infantryman Badge (CIB), RVN
Campaign Medal (RVNCM) with Device 1960, 2 Overseas Service Bars and
Sharpshooter Qualification Badge with Rifle Bar.

7.  The applicant’s Military Personnel Records Jacket (MPRJ) contains HQ's,

1st Inf Div GO #14783, dated 6 November 1969.  These orders awarded the
applicant the first award of the AM for the period 28 July through 12
September 1969.  The MPRJ also contains HQ's, 1st Inf Div GO #1528, dated 5
February 1970.  These orders awarded him the second award of the AM for the
period
13 September 1969 through 10 January 1970.

8.  The applicant’s MPRJ contains no orders or other documents showing he
was ever wounded or injured in action, or that he was ever recommended for
or awarded the PH.  It is also void of any documentary evidence or orders
showing he ever received the EODB.

9.  The applicant’s MPRJ does contain a copy of HQ's, 1st Inf Div, Special
Orders #235, dated 23 August 1969.  These orders changed the applicant’s
primary MOS from 11B1O to 11C2O, and made 11B2O his secondary MOS (SMOS).

10.  The MPRJ also contains HQ's, 1st Inf Div, General Orders (GO) # 17124,
dated 13 December 1969, which awarded the applicant the ARCOM.  There are
no other orders in the applicant's MPRJ to show he received more than one
ARCOM.

11.  On 9 March 1970, the applicant was honorably separated after
completing a total of 1 year, 7 months and 4 days of active military
service.  The DD Form 214 he was issued shows he earned the following
awards:  NDSM, VSM, RVNCM, CIB, AM, Army Commendation Medal (ARCOM) 1st Oak
Leaf Cluster, Aircraft Crewmember Badge, and Bronze Star Medal. (BSM).
Item 23a (Specialty Number and Title) contains the entry 11B2O,
Infantryman.

12.  The applicant provides a VA rating decision that indicates he claimed
scars on his right leg were caused by shrapnel wounds.  The VA
determination indicated there was reasonable doubt as to what caused the
scar to his right leg, but resolved this doubt in his favor and classified
the scars as service connection with a zero percent disability rating.

13.  The applicant also provides two booklets which include news articles
and photographs depicting combat actions performed by 1st Inf Div in the
RVN.  One article titled "Big Red One is 1st to Win Viet Cross" indicates
the 1st Inf Div landed in the RVN in 1965, and that three years later they
were the first United States unit to be honored with the RVNGC with Palm
Unit Citation Badge.

14.  In connection with the processing of this case, a member of the Board
staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.
The roster did not contain an entry pertaining to the applicant.

15.  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 awarding the PH.  It states, in pertinent
part, that the PH is awarded to any member who has been wounded or killed
in action. A wound is defined as an injury to any part of the body from an
outside force or agent sustained under conditions defined by this
regulation.  In order to support awarding a member the PH, it is necessary
to establish that the wound, for which the award is being made, required
treatment by a medical officer.  This treatment must be supported by
records of medical treatment for the wound or injury received in action,
and must have been made a matter of official record.
16.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.
It states, in pertinent part, that a bronze service star is authorized for
each campaign a member is credited with.  Table B-1 contains a list of RVN
campaigns.  It shows that during the applicant’s tenure of assignment in
the RVN, participation credit was authorized for the Vietnam
Counteroffensive Phase VI, TET 69 Counteroffensive, Vietnam Summer-Fall
1969, and Vietnam
Winter-Spring 1970 campaigns.

17.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM 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, in
which case the qualifying period is more than 1 year.  Although there is no
automatic entitlement to the AGCM, disqualification must be justified.

18.  Paragraph 8-18 of the awards regulation contains guidance on the EODB.
 It states, in pertinent part, that it is awarded to any commissioned
officer or enlisted member who successfully completes a qualifying EOD
course of instruction, and who are assigned to an EOD position for a
minimum of 18 months.

19.  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 the
applicant's tenure of assignment in the RVN, his unit (Co A, 2nd Bn, 16th
Inf Rgmt, 1st Inf Div) earned the RVN Gallantry Cross with Palm Unit
Citation and RVN Civil Actions Honor Medal First Class Unit Citation.

20.  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 contentions that he is entitled to three awards of the
AM, two awards of the PH, the AGCM, RVNGC with Palm Unit Citation Badge,
EODB and correction of his separation document to show his PMOS as 11C4O
were carefully considered, and found to have partial merit.

2.  The applicant's record confirms he received "Excellent" conduct and
efficiency ratings at all of his active duty assignments.  Further, the
record is void of any derogatory information, or a specific
disqualification by any of the active duty unit commanders for whom he
served.  As a result, it would be appropriate to award him the first award
of the AGCM, for his qualifying period of honorable active duty service
from 6 August 1968 through 9 March 1970.

3.  The applicant’s MPRJ also contains orders confirming the applicant was
awarded the basic AM and a second award.  Accordingly, the record should be
corrected to show his entitlement to the AM with Numeral 2 at this time.

4.  The evidence of record also confirms that based on his RVN service and
campaign participation, the applicant is entitled to the RVN Gallantry
Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class
Unit Citation and
4 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.

5.  The MPRJ also contains orders confirming the applicant’s primary MOS
was changed from 11B1O to 11C2O on 23 August 1969.  Accordingly, Item 23a
(Specialty Number and Title) of his separation document should be corrected
to reflect MOS 11C2O, Indirect Fire Infantryman.

6.  The evidence of record provides no indication that the applicant was
ever wounded/injured in action or that he was ever recommended for or
awarded
the PH.  Item 40 of his DA Form 20 is blank, which indicates he was never
wounded/injured  in action during his tenure on active duty.  His MPRJ
contains no orders or documents indicating he was ever wounded in action,
or recommended for or awarded the PH.  Finally, his name is not included on
the Vietnam Casualty Roster, the official DA list of RVN battle casualties.
 As a result, the regulatory burden of proof necessary to support award of
the PH has not been satisfied in this case.

7.  The veracity of the applicant’s claim that he was wounded/injured in
the line of duty is not in question.  However, absent any evidence of
record to confirm his wound/injury was the direct result of, or caused by
enemy action, or that shows he was ever treated by military medical
personnel for a combat related wound/injury, the regulatory burden of proof
necessary to support award of the PH has not been satisfied in this case.

8.  The evidence of record corroborates the applicant's statement that he
received one award of the ARCOM as evidenced in HQ's, 1st Inf Div, General
Orders (GO) # 17124, dated 13 December 1969.  There are no other orders on
file issuing the applicant any subsequent awards of the ARCOM.  Therefore
the Item 24 of the applicant's separation document should be corrected by
deleting the entry "ARCOM with 1st OLC" and replacing it with the entry
"ARCOM" at this time.

9.  The evidence of record provides no indication the applicant was ever
awarded the EODB by proper authority.  Further, the record is void of any
indication that he completed the necessary qualifying EOD course, or served
in an EOD position for the required 18 months during his tenure on active
duty.  Therefore, there is no basis to support awarding him the EODB at
this time.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___MKP_  __REB __  __LMB__  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 awarding him Army Good
Conduct Medal; by showing his entitlement to the Air Medal with Numeral 2,
ARCOM, Republic of Vietnam Gallantry Cross with Palm Unit Citation,
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and
4 bronze service stars with his Vietnam Service Medal; by amending Item 23c
of his DD Form 214 by deleting the current entry and replacing it with the
entry "11C2O, Indirect Fire Infantryman"; by amending Item 24 of his DD
Form 214 by deleting the entry ARCOM with 1st OLC and replacing it with the
entry "ARCOM"; and by providing him a corrected separation document that
includes these awards and corrections.

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 Purple Heart with 1st Oak Leaf Cluster and the Explosive
Ordnance Disposal Badge.




            ____Margaret K. Patterson____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040011575                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/08/25                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/03/09                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Overseas Returnee                       |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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