RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 March 2007
      DOCKET NUMBER:  AR20060008261


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Larry Racster                 |     |Member               |
|     |Mr. Rodney Barber                 |     |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 two separate applications, that his Report
of Transfer or Discharge (DD Form 214) be corrected to show that he was
awarded the Silver Star, the Bronze Star Medal, the Purple Heart, the
Valorous Unit Award, the Distinguished Service Medal, the Meritorious
Service Medal, the Army Good Conduct Medal, the Army Commendation Medal
with "V" Device, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Sharpshooter Marksmanship Qualification Badge (Rifle M-14),
the Driver and Mechanic badge, the Combat Service Commemorative Medal, the
Overseas Service Commemorative Medal, the Army Service Ribbon, and combat
decorations.  He further requests that his DD Form 214 be corrected to show
that he served as an instructor of a night compass course at Fort Lewis,
Washington in June 1971; and as a driver for a colonel at Fort Sill,
Oklahoma.

2.  The applicant states that his DD Form 214 never showed that he served
with the 23rd Infantry Division, C Battery, 82nd Field Artillery as
assistant gunner; that he served in combat; that he was exposed to Agent
Orange; or that he served in Germany in 1969 with Headquarters, 32nd
Armored Tank Division.

3.  The applicant provides in support of his application, copies of
documentation maintained in his official military record; a letter written
to the Department of Veterans Affairs (VA) dated 25 October 2005; the
status inquiry results of a request for United States Army Veteran Medals;
a statement in support of his request for medals; Permanent Change of
Station (PCS) Orders dated 1 June 1971; PCS Orders dated 10 March 1971; PCS
orders dated 3 April 1971; and a statement dated 9 May 2005, provided by an
individual in support of his claim for VA benefits.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 July 1971.  The application submitted in this case is
dated 27 May 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.  On 16 July 1968, he enlisted in the Army in Spokane, Washington, for
3 years, in the pay grade of E-1.  He successfully completed his training
as an Artillery Mechanic.  On 17 December 1968, he was performing duties of
an assistant gunner at Fort Sill, Oklahoma.

4.  On 27 October 1969, the applicant was transferred to Germany and he was
assigned to Headquarters, Headquarters Company, 3rd Battalion, 32nd Armor
Division.  On 2 December 1969 the applicant was performing the duties of a
personnel carrier driver.  On 31 May 1970, he was performing duties as an
operations assistant.

5.  The applicant was transferred to Vietnam on 21 September 1970 and he
was assigned to the 23rd Administrative Replacement Support on 24 September
1970.  He was assigned to Headquarters, Headquarters Company, 1st
Battalion, 82nd Artillery, on 3 October 1970 and he was performing the
duties of an assistant gunner.

6.  On 13 October 1970, the applicant was assigned to C Battery, 1st
Battalion, 82nd Artillery and he was performing the duties of a cannoneer.
He returned to the Continental United States on 27 January 1971, and he was
assigned to the Service Battery, 2nd Battalion, 18th Artillery at Fort
Lewis, Washington.

7.  A review of the available records show that the applicant was honorably
discharged on 15 July 1971, under the provisions of Army Regulation 635-
100, chapter 2, at the expiration of his term of service.  However, the
available records fail to show that he was ever wounded or injured as a
result of hostile action by enemy forces; that he was ever exposed to Agent
Orange; and that the unit to which he was assigned was ever cited in orders
for award of the Valorous Unit Award.

8.  The DD Form 214 that he was furnished at the time of his discharge
shows that he was awarded the National Defense Service Medal, the Vietnam
Service Medal, the Army Commendation Medal, the Republic of Vietnam
Campaign Medal with Device 1960, and the Sharpshooter Qualification Badge
(Rifle M-14).


9.  The applicant is requesting correction of his records, in part, to show
award of the Distinguished Service Medal, the Silver Star, the Bronze Star
Medal, the Meritorious Service Medal and the Army Commendation Medal with
"V" Device.  There are no orders or other evidence which show the applicant
was recommended for these decorations.  He was awarded the Army
Commendation Medal.  In the absence of a proper authority for awarding
these decorations, the applicant may submit a request 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
these decorations under Section 1130 and, as a result, they will not be
discussed further in this Record of Proceedings.

10.  The Overseas Service Commemorative Medal and the Combat Service
Commemorative Medal requested by the applicant are not governed by Army
Regulation 600-8-22 (Military Awards).  These medals are made available by
commercial sources and, since they are not governed by the applicable
regulation, these commemorative medals may not be shown on a discharge
document and, hence will not be discussed further in these Proceedings.

11.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect an individual's service as it exists on the date of
release from active duty or discharge.

12.  Army Regulation 635-5 further provides, in pertinent part, that only
those specialties that have been awarded in accordance with Army Regulation
611-201 and that have been held for at least 1 year, are authorized for
entry on the DD Form 214.  At the time the applicant served, the regulation
in effect provided that only the primary MOS (PMOS) would be entered in
block 23a.

13.  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.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Valorous Unit Award to units of the Armed Forces of the United States for
extraordinary heroism in action against an armed enemy of the United States
while engaged in military operations involving conflict with an opposing
foreign force or while serving with friendly foreign forces engaged in an
armed conflict in which the United States is not a belligerent party for
actions occurring on or after 3 August 1963.  This award requires a lesser
degree of gallantry, determination, and esprit de corps than required for
the Presidential Unit Citation.  Nevertheless, the unit must have performed
with marked distinction under difficult and hazardous conditions in
accomplishing its mission so as to set it apart from and above other units
participating in the same conflict.  The degree of heroism required is the
same as that which would warrant award of the Silver Star to an individual.


15.  Army Regulation 600-8-22 provides, in pertinent part, that the Driver
and Mechanic Badge is awarded to drivers, mechanics, and special equipment
operators to demote the attainment of a high degree of skill in the
operation and maintenance of motor vehicles.  To be eligible as a driver a
Soldier must qualify for and posses a current United States Government
Motor Vehicles Operator's Identification Card (Optional Form 346), issued
as prescribed by Army Regulation 600-55; occupy a duty position with title
of driver or assistant driver of Army vehicles for a minimum of 12
consecutive months, or during at least 8,000 miles and had no Army motor
vehicle accident or traffic violation recorded on his or her Equipment
Operator's Qualification Record (Department of the Army (DA) Form 348-1-R);
and perform satisfactorily for a minimum period of 1 year as an active
qualified driver instructor or motor vehicle driver examiner.  To be
eligible as a mechanic a Soldier must pass aptitude tests and complete the
standard mechanic's course with a "skilled" rating or have demonstrated
possession of sufficient previous experience as an automotive or engineer
equipment mechanic to justify such a rating; be assigned to primary duty as
an automotive or engineer mechanic, unit level or higher, or is an active
automotive or engineer mechanic instructor; and if required to drive an
Army motor vehicle in connection with automotive mechanic or automotive
mechanic instructor duties, qualify for motor vehicle operators permit as
prescribed above, and perform duty which includes driving motor vehicle for
a minimum of 6 consecutive months , and has no Army motor vehicle accident
or traffic violation recorded on his or her DA Form 348.

16.  Army Regulation 600-8-22 shows that the Army Service Ribbon was
established by the Secretary of the Army on 10 April 1981.  This regulation
states, in pertinent part, that effective 1 August 1981, all members of the
Active Army, Army National Guard, and Army Reserve in an active Reserve
status are eligible for the award upon successful completion of initial
entry training.  The award may be awarded retroactively to those personnel
who completed the required training before 1 August 1981 provided they had
an Active Army status on or after 1 August 1981.



17.  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 show the unit to which the applicant was
assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 20 July 1965 to 28 March 1973 by Department of the
Army General Orders 8, dated 1974.

18.  The applicant had "Excellent" conduct and efficiency ratings
throughout his time in the Army.  There is no evidence of indiscipline or a
breach of good order while he served on active duty.  There is no record
that he was subjected to either nonjudicial punishment or to court-martial.
 There is no entry in Item 42 (Remarks), of the applicant's Enlisted
Qualification Record, to indicate that he was disqualified from award of
the Good Conduct Medal.

19.  Army Regulation 672-5-1, in effect at the time, provides that the Good
Conduct Medal is awarded to individuals who have completed a qualified
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.  The enlisted person must have had
all “excellent” conduct and efficiency ratings and no convictions by a
court-martial.  Ratings of "Unknown" for portions of the period under
consideration are not disqualifying.  Service and efficiency ratings based
upon academic proficiency of at least "Good" rendered subsequent to 22
November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 currently reflects that he was awarded the
Sharpshooter Qualification Badge (Rifle M-14).  As such, no effective
relief can be granted on this portion of his request.

2.  The available records fail to show the applicant's entitlement to the
Purple Heart, the Valorous Unit Award, and the Driver and Mechanic Badge.
The available records indicate that he failed to meet the requirements to
be awarded these decorations.  Therefore, there is no basis for granting
this portion of his request.

3.  The applicant's contentions regarding the unit reflected on his DD Form
214, the duties that he performed, and the courses that he completed have
been noted.  However, his DD Form 214 properly reflects the unit he was
assigned to at the time of his discharge. His DD Form 214 also reflects his
service in
Germany.  His DD Form 214 indicates that he had 1 year and 11 days of
foreign and or sea service, which includes his service in Germany as well
as his service in Vietnam.

4.  There is no evidence in the available records to show that the
applicant served as an instructor of a night compass course and there are
no provisions for including this information or the fact that he was a
driver for a colonel at Fort Sill, Oklahoma, on his DD Form 214.
Therefore, the information was appropriately omitted from his DD Form 214.

5.  The applicant's records do show that the unit to which he was assigned
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and that he had excellent conduct and efficiency ratings
throughout his service in the Army.  Therefore, he is entitled to award of
the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and it would now be in the interest of justice to
award him this decoration and to amend his records accordingly.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 July 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 14 July 1974.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence or
argument, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MP __  __LR ___  ___RB __  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 the Army
Good Conduct Medal for the
period covering 16 July 1968 through 15 July 1971, while serving in the
rank of specialist (E-5), and the Republic of Vietnam Gallantry Cross with
Palm Unit Citation and amending his DD Form 214 accordingly.

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:

      a)  amending his DD Form 214 to reflect the award of the Purple Heart,
the Valorous Unit Award, and the Driver and Mechanic Badge; and


      b)  amending his DD Form 214 to reflect that he served as an
instructor of a night compass course at Fort Lewis, Washington, that he was
a driver for a colonel at Fort Sill, Oklahoma, and that he was assigned to
Headquarters, 32nd Armored Tank Division.




                            ____Margaret Patterson______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008261                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070315                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  61                  |107.0015/PURPLE HEART                   |
|3.  79                  |107.0033/VALOROUS UNIT AWARD            |
|4.  102                 |107.0056/ARMY GOOD CONDUCT MEDAL        |
|5.  140                 |107.0094/RVGC W/PALM UNIT CITATION      |
|6.                      |                                        |


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