RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 October 2006
      DOCKET NUMBER:  AR20060001342


      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. Patrick H. McGann             |     |Chairperson          |
|     |Mr. David R. Gallagher            |     |Member               |
|     |Mr. Roland S. Venable             |     |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, correction of his records to show
his correct place of birth, the highest grade of rank he held, that he was
a member of a special jump unit, and award of all awards and decorations
that he is entitled to, including the Purple Heart.

2.  The applicant states, in effect, that he was issued a Certification of
Military Service showing the wrong place of birth.  The applicant also
states, in effect, that his discharge document shows his grade of rank as E-
3, but it should be E-4; In addition, his discharge document does not show
that he was part of a special jump unit in Vietnam or that he was awarded
the Purple Heart.

3.  The applicant provides a copy of National Archives (NA) Form 13038
(Certification of Military Service), dated 29 December 2005; DD Form 303A
(Certificate in Lieu of Lost or Destroyed Discharge), dated 15 January
2004;
DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge), with an effective date of 23 April 1968; DA Form 2627-1 (Record
of Proceedings Under Article 15, UCMJ), dated 23 November 1967; The Army
Commendation Medal Citation for the period May 1967 to March 1968; a
document containing copies of 5 photographs of the applicant in military
uniform (circa 1966 - 1968); Headquarters, U.S. Army Enlisted Records and
Evaluation Center (EREC), Fort Benjamin Harrison, Indiana, letter, dated 10
January 1972; Department of Veterans Affairs (VA), Outpatient Clinic, Las
Vegas, Nevada, letter, dated 2 September 1997; The Excel Mind and Body
Solutions, Corporate Office, Yuma, Arizona, letter, dated 25 August 2003; a
VA Outreach Progress Report pertaining to the applicant, dated 14 December
2005; and a document titled "I Married a Vietnam Veteran" (December 2005).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 April 1968, the date of his separation from active duty.
The application submitted in this case is dated 2 January 2006.

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 military service records show that he was inducted into
the U.S. Army on 11 May 1966.  Upon completion of basic combat training and
advanced individual training, the applicant was awarded military
occupational specialty (MOS) 76V (Equipment Storage Specialist).

4.  The applicant's military service records show that while serving in
Vietnam he was assigned to Company B, 1st Supply and Transport Battalion,
1st Infantry Division, U.S. Army, Pacific (USARPAC) from 5 May 1967 through
18 April 1968. He was honorably separated from the U.S. Army on 23 April
1968 after serving on active duty for a total of 1 year, 11 months, and 13
days.

5.  The applicant's military service records contain a copy of a DD Form 47
(Record of Induction), dated 12 May 1966.  Item 11 (Place of Birth) of this
document contains the entry "Salt Lake City, Utah."

6.  The applicant's military service records contain a copy of a DA Form
2627-1 (Record of Proceedings Under Article 15, UCMJ), dated 23 November
1967.  This document shows that non-judicial punishment was imposed against
the applicant for, in pertinent part, disrespect towards his commanding
officer "by saying to him, "I will not go to work for Lieutenant O_______,
and I will not go on the jump team", or words to that effect."  His
punishment consisted of forfeiture of $25.00 per month for 2 months and
reduction to the grade of private (E-2).

7.  The applicant's military service records contain a copy of
Headquarters,
1st Infantry Division (Vietnam), Special Orders Number 344, dated 10
December 1967.  Paragraph 73 of this document shows, in pertinent part,
that the applicant was reduced from the grade of rank of specialist four
(SP4)/pay grade E-4 to private (PVT)/pay grade E-2, effective 23 November
1967.

8.  The applicant's military service records contain a copy of
Headquarters, Company B, 1st Supply and Transport Battalion, 1st Infantry
Division (Vietnam), Unit Orders Number 11, dated 14 February 1968.  This
document shows, in pertinent part, that the applicant was promoted to the
permanent grade of rank of private first class (PFC)/pay grade E-3,
effective 14 February 1968.

9.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 33
(Appointments and Reductions) shows, in pertinent part, that the applicant
was promoted to SP4 (E-4), with a date of rank of 4 September 1967, per
Headquarters, 1st Infantry Division (Vietnam), Special Orders Number 247
(1967).  This item also shows that the applicant was reduced from the grade
of rank of SP4 (E-4) to PVT (E-2), effective 23 November 1967, per
Headquarters, 1st Infantry Division (Vietnam), Special Orders Number 344
(1967).  This item further shows that the applicant was promoted to PFC (E-
3), with a date of rank of 14 February 1968, per Headquarters, Company B,
1st Supply and Transport Battalion, 1st Infantry Division (Vietnam), Unit
Orders Number 11 (1968).

10.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows that he
served in the Republic of Vietnam from 29 April 1967 through 18 April 1968.
 Item 39 (Campaigns) of this document shows that he participated in the
Vietnam Counteroffensive Phase II campaign.  Item 38 (Record of
Assignments) of the applicant's DA Form 20 shows, in pertinent part, that
during his overseas service in Vietnam his principal duty was that of Pump
Operator (Duty MOS 56A) while assigned to Company B, 1st Supply and
Transport Battalion, 1st Infantry Division, USARPAC.  This document also
shows, in pertinent part, that this was the applicant's last duty
assignment prior to being reassigned to a transfer activity for separation
processing.

11.  There are no orders in the applicant’s service personnel record that
show 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.  The applicant's DA Form 20 does not show an 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 Adjutant General, Casualty
Division's, Vietnam Casualty Roster.

12.  The applicant's military service records contain a copy of
Headquarters,
1st Infantry Division (Vietnam), General Orders Number 3911, dated 26 April
1968.  This document shows, in pertinent part, that the applicant was
awarded the Army Commendation Medal for meritorious service during the
period May 1967 to March 1968.

13.  The applicant's DD Form 214, issued at the time of his separation,
shows in
Item 5a (Grade, Rate or Rank), Item 5b (Pay Grade), and Item 6 (Date of
Rank) that the applicant was separated from active duty in the permanent
grade of rank of PFC/pay grade E-3, with a date of rank of 14 February
1968.  Item 8 (Place of Birth) of the applicant's DD Form 214 shows that he
was born in Salt Lake City, Utah.  Item 12 (Last Duty Assignment and Major
Command) contains the entry "CO B 1ST S&T BN 1ST INF DIV USARPAC."  Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) of the DD Form 214 shows that he was awarded the
National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam
Campaign Medal, and Marksman Marksmanship Qualification Badge with Rifle
Bar.
14.  In support of his application, the applicant provides a copy of his
Certification of Military Service, Certificate in Lieu of Lost or Destroyed
Discharge, DD Form 214, DA Form 2627-1, Army Commendation Medal Citation, 5
photographs of himself in military uniform (circa 1966 - 1968), a letter
from Headquarters, U.S. Army EREC, a letter from the Department of VA, a
letter from The Excel Mind and Body Solutions, a VA Outreach Progress
Report, and a document titled
"I Married a Vietnam Veteran."  The Certification of Military Service
shows, in pertinent part, the applicant's place of birth as Southland,
Utah.  The Certificate in Lieu of Lost or Destroyed Discharge shows, in
pertinent part, that the applicant was honorably discharged from the United
States Army Reserve on 10 May 1972 in the rank of PFC.  The DD Form 214
documents, in pertinent part, the applicant's active duty service and
honorable separation.  The DA Form 2627-1 documents, in pertinent part, the
applicant's reduction in grade from SP4 (E-4) to PVT (E-2), effective 23
November 1968.  The Army Commendation Medal Citation shows, in pertinent
part, that the award was presented to the applicant for exceptionally
meritorious service during the period May 1967 to March 1968.  The letter
from Headquarters, U.S. Army EREC shows, in pertinent part, that the
applicant was separated in the grade of E-3 with more than 8 months service
and was ineligible for enlistment in the Regular Army unless granted a
waiver.  The letter from the Department VA, in pertinent part, documents
the applicant's participation in a counseling program to address marital
and family issues.  The letter from The Excel Mind and Body Solutions, in
pertinent part, shows that a Master's Level therapist gave the applicant a
diagnosis of Post Traumatic Stress Disorder with resultant difficulties and
issues that Vietnam Veterans face.  The VA Outreach Progress Report, in
pertinent part, documents the applicant's participation in three group
psychotherapy contact sessions on 29 November 2005, 6 December 2005, and 13
December 2005.  The document from the applicant's wife, in pertinent part,
addresses the applicant's secretive nature concerning operations in Vietnam
that he can not disclose, the affect that the applicant's Vietnam
experience has had on his life, and its impact on their domestic life and
his past relationships.

15.  A review of the applicant's records reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

16.  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
and he received conduct and efficiency ratings of “excellent” throughout
his service.


17.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase
III, TET Counteroffensive, and Vietnam Counteroffensive Phase IV campaigns.

18.  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 1st Supply and Transport Battalion (Vietnam),
the unit was cited for award of the Meritorious Unit Commendation for the
period 1 November 1966 to 30 June 1967 by Headquarters, Department of the
Army, General Orders Number 17 (1968).  This document also shows that, at
the time of the applicant's assignment to the 1st Supply and Transport
Battalion (Vietnam), the unit was cited for a second award of the
Meritorious Unit Commendation for the period 1 July 1967 to 31 December
1968 by Headquarters, Department of the Army, General Orders Number 56
(1969).

19.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 1st Supply and Transport Battalion (Vietnam),
the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters, Department of the Army, General Orders Number 21
(1969).  This document also shows that, at the time of the applicant's
assignment to the 1st Supply and Transport Battalion (Vietnam), the unit
was cited for award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation by Headquarters, Department of the Army, General
Orders Number 50 (1973).

20.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
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.

21.  Army Regulation 600-8-22 provides that the Army Commendation Medal may
be awarded to any member of the Armed Forces of the United States who,
while serving in any capacity with the Army after 6 December 1941,
distinguished himself or herself by heroism, meritorious achievement or
meritorious service.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.


22.  Army Regulation 600-8-22 provides, in pertinent part, 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.

23.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign.

24.  Army Regulation 600-8-22, provides, in pertinent part, that effective
1 March 1961 the Meritorious Unit Commendation was authorized for units
and/or detachments of the Armed Forces of the United States for
exceptionally meritorious conduct in the performance of outstanding
services for at least six continuous months in support of military
operations.  This Army regulation also states, in pertinent part, that an
oak leaf cluster is awarded to denote each additional award of the
Meritorious Unit Commendation.

25.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

26.  Army Regulation 600-8-22 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is
awarded by the Vietnamese government as a unit award for meritorious
service.

27.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  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 for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  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 whole months
for credit toward the Overseas Service Bar.

28.  Army Regulation 635-5 (Separation Documents), in effect at the time of
the applicant's separation, prescribed the separation documents that must
be prepared for Soldiers on retirement, discharge, release from active duty
service, or control of the Active Army.  It also established standardized
policy for preparing and distributing the DD Form 214.  Chapter 2 contained
guidance on the preparation of the DD Form 214.  It states, in pertinent
part, that the source documents for entering information on the DD Form 214
will be the Officer/ Enlisted Qualification Record, orders, or any other
document authorized for filing in the Official Military Personnel File
(OMPF).

29.  The instructions for completing Item 5a and Item 5b state to enter the
grade and pay grade in which the Soldier is serving at time of separation,
indicating whether it is their permanent or temporary grade.  The
instructions for Item
5c (Date of Rank) state to enter the appropriate date from the DA Form 20.
The instructions for Item 8 (Place of Birth) state "Self-explanatory."  The
instructions for Item 12 (Last Duty Assignment and Major Command) state
that for personnel reassigned on orders to a transfer activity prior to
separation, enter the losing unit of assignment as shown in the standard
name line and the title of the major command or agency having jurisdiction
over the losing unit of assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected
to show Salt Lake City, Utah as his place of birth, SP4 (E-4) as his grade
of rank on his discharge document, that he was a member of a special jump
unit while serving in Vietnam, and all awards and decorations that he is
entitled to, including the Purple Heart.

2.  The evidence of record confirms that the applicant was born in Salt
Lake City, Utah.  Therefore, the applicant is entitled to correction of his
Certification of Military Service to show his correct place of birth.

3.  The evidence of record shows that the applicant was promoted to SP4 (E-
4), with a date of rank of 4 September 1967.  The evidence of record also
shows that the applicant was reduced from the grade of rank of SP4 (E-4) to
PV2 (E-2), effective 23 November 1967.  The evidence of record further
shows that the applicant was promoted to PFC (E-3), with a date of rank of
14 February 1968.  There is no evidence of record that shows the applicant
was promoted to SP4
(E-4) subsequent to 14 February 1968 and prior to the date of his
separation from active duty on 23 April 1968.  The evidence of record also
shows that the grade and pay grade in which the individual is serving at
the time of separation will be entered in Item 5a and 5b of the DD Form
214, respectively.  Therefore, the grade of rank, pay grade, and date of
rank that are shown on the applicant's discharge document are correct and
he is not entitled to correction of the items.

4.  There is no evidence of record to show that the applicant was assigned
to a special "jump unit" while assigned to the Company B, 1st Supply and
Transport Battalion in Vietnam.  In fact, the evidence of record shows that
the applicant stated to his superior officer, "I will not go on the jump
team."  The evidence of record also shows that the applicant's principal
duty during the entire period of his overseas service in Vietnam was that
of Pump Operator (Duty MOS 56A) while assigned to Company B, 1st Supply and
Transport Battalion, 1st Infantry Division.  In addition, the applicant's
Major Army Command (MACOM) while serving in Vietnam was the U.S. Army,
Pacific (USARPAC).  Consequently, based on the evidence of record, the last
duty assignment and major command that are shown on the applicant's
discharge document are correct.  Therefore, the applicant is not entitled
to correction of his records to show that he served in a "jump unit" while
assigned to Company B, 1st Supply and Transport Battalion, 1st Infantry
Division, U.S. Army, Pacific.

5.  The applicant provides no documentary evidence that shows he sustained
a wound while in action against an enemy or as a result of hostile action,
that any such wound required treatment, or that the medical treatment was
made a matter of official record.  In addition, there is no medical
evidence of record which shows that the applicant was wounded or treated
for wounds as a result of hostile action and there is no evidence the
applicant was awarded the Purple Heart. Therefore, the applicant is not
entitled to award of the Purple Heart.

6.  General Orders awarded the applicant the Army Commendation Medal.
Therefore, it would be appropriate to correct his records to show this
award.

7.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 11 May 1966 through 23 April 1968 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.

8.  Records show that the applicant served in four campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of 4
bronze service stars to be affixed to his Vietnam Service Medal.

9.  General Orders awarded the applicant's unit the Meritorious Unit
Commendation on two separate occasions during the period of his assignment.
Therefore, it would be appropriate to correct his records to show the two
unit awards.

10.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

11.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

12.  Records show that the applicant served a total of 12 months in
Vietnam.  Therefore, he is entitled to correction of his records to show
award of 2 Overseas Service Bars.

13.  Records show the applicant should have discovered the alleged errors
or injustice now under consideration on 23 April 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
22 April 1971.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
for correction of his place of birth on his Certification of Military
Service and award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__PHM__  __DRG__  __RSV__  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:

      a.  issuing the applicant a corrected Certification of Military
Service showing his place of birth as Salt Lake City, Utah;

      b.  awarding the applicant the Good Conduct Medal for exemplary
conduct, efficiency, and fidelity during the period 11 May 1966 through
23 April 1968;

      c.  correcting Item 24 of the applicant's DD Form 214 to delete the
Vietnam Service Medal; and

      d.  correcting Item 24 of the applicant's DD Form 214 to add the Army
Commendation Medal, Good Conduct Medal, Vietnam Service Medal with
4 bronze service stars, Meritorious Unit Commendation (1st Oak Leaf
Cluster), Republic of Vietnam Gallantry Cross with Palm Unit Citation,
Republic of Vietnam Civil Actions Honor Medal First Class, and 2 Overseas
Service Bars.

      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
the applicant's grade of rank at the time of separation from active duty,
assignment to a special jump unit, and award of the Purple Heart.




                                       Patrick H. McGann____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001342                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061011                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19680423                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5, Section VII      |
|DISCHARGE REASON        |Overseas Returnee                       |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0800.0000                           |
|2.                      |107.0015.0000                           |
|3.                      |107.0034.0000                           |
|4.                      |107.0056.0000                           |
|5.                      |107.0094.0000                           |
|6.                      |129.0500.0000                           |


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