RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 November 2006
      DOCKET NUMBER:  AR20060006133


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show two awards of
the Purple Heart, in effect, the Purple Heart with Oak Leaf Cluster (OLC),
the Bronze Star Medal (BSM), Army Good Conduct Medal (AGCM), Combat
Infantryman Badge (CIB), Vietnam Campaign Medal, and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant also requests that his DD Form 214 be corrected to show
his last unit of assignment as Headquarters and Headquarters Company (HHC),
1st Battalion, 69th Armor, 4th Infantry Division and that his military
occupational specialty (MOS) be corrected to show that he served in MOS
11D4O.

3.  The applicant states, in effect, that his platoon leader recommended
that he receive the BSM for action during his tour in the Republic of
Vietnam on 10 April 1968.  He states he should have received the CIB, BSM,
and the Purple Heart with OLC.  He believes that he did not receive these
awards because his records show that he served in HHC ground surveillance
as a radar operator, and not as a reconnaissance scout platoon Leader
performing the duties of a staff sergeant/ pay grade E-6.

4.  He further states that in January 1968, he was wounded on the first
night of the TET Counteroffensive by shrapnel to his left hand while
holding an  
M-60 machine gun during a fire base attack.  He was also wounded while
driving a personnel carrier.  An explosion occurred and his face and mouth
hit the turret of the personnel carrier.

5.  The applicant relates his experience while in combat in the Republic of
Vietnam.

6.  The applicant provides:

     a.  a copy of a question and answer statement;

     b.  a copy of an article from a local newspaper the "Ivy Leaf", dated
5 May 1969; and

     c.  Copies of six photographs that he states are from the Republic of
Vietnam.





CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on  
1 September 1968, the date of his release from active duty.  The
application submitted in this case is dated 18 March 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 requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence to show that the
applicant was authorized this award.  In the absence of authority for this
award, the applicant may request award of the Bronze Star Medal under the
provisions of Section 1130 of Title 10, United States Code.  The applicant
has been notified by separate correspondence of the procedures for applying
for this award under Section 1130 and, as a result, it will not be
discussed further in this Records of Proceedings.

4.  The applicant's records show that he entered active duty on 8 September
1966.  He completed basic combat training and advanced individual training,
and was awarded the MOS 11E1O (Armor Crewman).

5.  He served in MOS 11D2O (Radar Operator) with HHC, 1st Battalion, 69th
Armor, 4th Infantry Division, in the Republic of Vietnam from 2 October
1967 to
28 August 1968.

6.  HHC, 1st Battalion, 69th Armor, 4th Infantry Division Unit Orders
Number  
103, dated 13 December 1967, shows the applicant's was promoted to
specialist four, pay grade E-4 and in MOS 11D2O.  This was the highest
grade that he attained.

7.  The applicant was honorably released from active duty on 1 September
1968 after serving 1 year, 11 month, and 24 days of active federal service.
 His DD Form 214 shows that he was separated in pay grade E-4, with a date
of rank of 13 December 1967.  His MOS is shown as 11D20 at the time of
separation.

8.  The applicant’s DD Form 214, Item 12 (Last Unit of Assignment and Major
Command) shows the entry "HHC 1/65th Armor APO 96262 USARV."

9.  The applicant’s DD Form 214, Item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the
applicant's DD Form 214 shows he was awarded the National Defense Service
Medal, Vietnam Campaign Medal, Vietnam Service Medal, Army Commendation
Medal, 2 Overseas Service Bars, and Sharpshooter Marksmanship Badge with
Rifle Bar.  However, it does not show he was awarded the Purple Heart,
AGCM, CIB or RVN Gallantry Cross with Palm Unit Citation.

10.  A DA Form 137 (Installation Clearance Record) shows the applicant’s
last duty organization was HHC, 1st Battalion, 69th Armor, 4th Infantry
Division.

11.  There are no orders in the applicant's records to show award of the
Purple Heart, the Purple Heart with OLC, AGCM, or the CIB.

12.  Item 40 (Wounds) of the DA Form 20 (Enlisted Qualification Record) has
no entry.

13.  A review of the Republic of Vietnam Casualty Files does not show the
applicant's name listed among those wounded.

14.  Army Regulation 600-8-22 (Military Awards) 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 by a medical officer, and the medical treatment must have been
made a matter of official record.  This regulation also provides that there
are no time limitations on requests for award of the Purple Heart.

15.  Army Regulation 600-8-22, paragraph 2-8a states, in pertinent part,
that when contemplating an award of this decoration, the key issue that
commanders must take into consideration is the degree to which the enemy
caused the injury. The fact that the applicant was participating in direct
or indirect combat operation is a necessary prerequisite, but is not sole
justification for award.  Paragraph  
2-8b(5)(g) of this same regulation states, in pertinent part, that an
example of an injury or wound which clearly does not qualify for award of
the Purple Heart is an accident, to include explosive, aircraft, vehicular,
and other accidental wound not related to or caused by enemy action.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the CIB is awarded to infantry officers and to enlisted and
warrant officer persons who have an infantry military occupational
specialty (MOS).  They must have served in active ground combat while
assigned or attached to an infantry unit of brigade, regimental or smaller
size.  The Awards Branch of the U.S. Army Human Resources Command (formerly
known as the Total Army Personnel Command) has advised, in similar cases
that during the Vietnam era the Combat Infantryman Badge were awarded only
to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or
11H.

17.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

18.  Army Regulation 600-8-22 (Military Awards) 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.  After 27 June 1950, to the present time, the current
standard for award of the AGCM 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.
While any record of nonjudicial punishment could be in conflict with
recognizing the Soldier's service as exemplary, such record should not be
viewed as automatically disqualifying.  Although there is no automatic
entitlement to the AGCM, disqualification must be justified.

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in the Republic of Vietnam.  This document shows that, HHC, 1st
Battalion,  
69th Armor, 4th Infantry Division was cited for an award of the Meritorious
Unit Commendation based on Department of the Army General Order Number  
42, dated 1969; Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Order Number 38, dated 1970; and
Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation
based on Department of the Army General Order Number 53, dated 1970.

20.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.

21.  Appendix B of Army Regulation 600-8-22 shows that based on the
applicant's dates of service in the Republic of Vietnam, he participated in
the Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968),
TET Counteroffensive (30 January 1968 - 1 April 1968), Vietnam
Counteroffensive, Phase IV (2 April 1968 – 30 June 1068), Vietnam
Counteroffensive, Phase V 
(1 July 1968 – 1 November 1968), and Vietnam Counteroffensive, Phase VI  
(2 November 1968 – 22 February 1969).  This same regulation states that a
bronze service star will be awarded for wear on the Vietnam Service Medal
for participation in each campaign and that a silver service star is
authorized in lieu of five bronze service stars.

22.  Army Regulation 611-201 (Enlisted Career Management Fields and
Military Occupational Specialties), states, in pertinent part, that the
skill level identifies a type and degree of skill that represent the extent
of qualification within the total MOS.  Basically, the skill level
separates supervisory from nonsupervisory skills and indicates the level of
qualification within each skill level.  The skill level is identified by
the characters "1 through 5" in the fourth position of the MOS code.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his records be corrected to show award of
the Purple Heart with OLC, AGCM, CIB, and Republic of Vietnam Gallantry
Cross with Palm Unit Citation.

2.  In addition, he requests that his DD Form 214 be corrected to show his
last unit of assignment was HHC, 1st Battalion, 69th Armor, 4th Infantry
Division and that his MOS 11D4O.

3.  There is no evidence in the available records which shows the applicant
was wounded or injured as a result of hostile action or treated for such
wounds and his name does not appear on the Republic of Vietnam Casualty
Files.

4.  The applicant's statement, the article from "Ivy Leaf" and the
photographs are noted; however, they do not establish his eligibility for
award of the Purple Heart. To be awarded a Purple Heart, the applicant must
show that he was wounded as a result of hostile action, the wound must have
required medical treatment, and that treatment must have been made a matter
of record.

5.  There is also no evidence in the available records and the applicant
has provided none that is sufficient for award of the CIB.  MOS 11D20 is
not an infantry MOS and it is not among those MOS’ which qualify an
individual for award of the CIB.

6.  The applicant's military records show he was promoted to pay grade E-4
in MOS 11D20 (Radar Operator) and he was assigned in this grade and in this
MOS until he was separated.  While the applicant may have served in a
higher graded position, he was never promoted above pay grade E-4.  As
such, the skill level "2O" was appropriate for his MOS.



7.  Evidence of records show the applicant was assigned to HHC,  
1st Battalion, 69th Armor, 4th Infantry Division in the Republic of
Vietnam.  Therefore, he is entitled to correction of his records to show
this entry in item  
12 of his DD Form 214.

8.  Records show he is entitled to the first award of the AGCM for the
period  
8 September 1966 to 1 September 1968 based on completion of a period of
qualifying service of less than three years, but more than one year, ending
with the termination of a period of Federal military service. His records
do not contain any adverse information and he received conduct and
efficiency ratings of “excellent” throughout his service.  Therefore, he is
entitled to correction of his records to show this award.

9.  Orders show that HHC, 1st Battalion, 69th Armor, 4th Infantry Division
was awarded the Meritorious Unit Commendation.  Therefore, he is entitled
to correction of his records to show this award.

10.  Orders show that HHC, 1st Battalion, 69th Armor, 4th Infantry Division
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and Republic of Vietnam Civil Actions Honor Medal, First Class Unit
Citation.  Therefore, he is entitled to correction of his records to show
these foreign unit awards.

11.  Evidence of records show that the applicant was assigned to the
Republic of Vietnam during five campaigns.  Therefore, he is entitled to
correction of his records to show one silver service star to be affixed to
his Vietnam Service Medal.

12.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 September 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
31 August 1971.  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 are no time limitations on requests for award of
the Purple Heart.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____pbf__  ___tap__  ___lmd__  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 waive failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected:

     a.  to show award of the Meritorious Unit Commendation, AGCM first
award for the period 8 September 1966 to 1 September 1968, Republic of
Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil
Actions Honor Medal, First Class Unit Citation, and one silver service star
to be affixed to the Vietnam Service Medal; and

     b.  to show in item 12 of his DD Form  214, Headquarters and
Headquarters Company, 1st Battalion, 69th Armor,4th Infantry Division.

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
awarding the applicant the Purple Heart with OLC and award of MOS 11D4O.




                                  __________Thomas A. Pagan______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006133                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061121                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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