RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 August 2007
      DOCKET NUMBER:  AR20070004647


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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, that the reason statement contained
in his Army Commendation Medal with "V" (Valor) Device orders be corrected.


2.  The applicant states, in effect, that the explanation of circumstances
contained in the reason portion of Headquarters, 1st Cavalry Division
(Airmobile) General Orders Number 12798, dated 25 May 1966, incorrectly
indicates he went for help, when in fact he got all the others into the
truck and then left.  He claims the reason explanation makes it appear he
left people behind, which he did not and if the truth cannot be told, there
should be no explanation.

3.  The applicant provides a self-authored statement of circumstances in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 17 January 1964.  He was trained in and awarded
military occupational specialty (MOS) 93B (Air Traffic Controller) and the
highest rank he attained while serving on active duty was specialist four
(SP4).

3.  The applicant's Enlisted Qualification Record (DA Form 20) and Service
Record (DA Form 24) show he served in the Republic of Vietnam (RVN) from
16 August 1965 through 11 March 1966.  They also shows that during his RVN
tour, he was assigned to Headquarters and Headquarters Company (HHC), 11th
Aviation Group.

4.  The applicant's Military Records Jacket (MPRJ) contains Headquarters,
1st Cavalry Division (Airmobile) General Orders Number 1798, dated 25 May
1966, which awarded the applicant the ARCOM with "V" Device for heroism in
the RVN on 25 January 1966.  The reason citation indicted that the
applicant distinguished himself through heroism on 25 January 1966, while
on a three vehicle convoy, which was attacked by an estimated Viet Cong
company, using automatic weapons and small arms fire.  It further states
that upon receiving a signal that the convoy was being attacked, the
applicant immediately dismounted his vehicle and took up a position
underneath the vehicle.  Receiving word to try to go for help, he ran
through a hail of enemy fire and jumped in a vehicle turned around in the
middle of the road and drove away through heavy enemy fire for help.  As a
result of the applicant's calm and courageous reaction, help was obtained
and the attack was halted.  If the attempted ambush had not been disrupted,
the
Viet Cong could have caused destruction or capture of highly valuable
communications equipment and casualties to friendly forces.  It further
stated that the applicant's outstanding display of aggressiveness, devotion
to duty and personal bravery was in keeping with the highest traditions of
the military service and reflected great credit upon the applicant, his
unit and the United States Army.

5.  On 12 March 1966, the applicant was honorably separated, in the rank of
SP4, after completing 2 years, 1 month and 26 days of active military
service.

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 1-29 contains guidance on amendment of award orders.  It
states, in pertinent part, that commanders are authorized to correct minor
errors (incorrect spelling of names, initials, social security numbers,
erroneously numbered oak leaf clusters, and so forth) appearing on awards
orders.  There are no provisions for rewriting reason citations contained
on heroism awards, which are basically taken from the original award
recommendation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the reason citation contained the
orders awarding the ARCOM with "V" Device is in error and should be
corrected was carefully considered.  However, there is insufficient
evidence to support this claim.

2.  Although the language contained on the orders in question is not
exactly what the applicant would have preferred, it does credit him with
preventing the loss of valuable equipment and casualties through his heroic
actions.  It appears the applicant believes the orders give some indication
that he left people behind; however, an independent reading of the reason
citation does not give that impression.  Therefore, absent any evidence
that indicates the orders in question were in error or are unjust, there is
an insufficient evidentiary basis to support granting the requested relief.


3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__BPI ___  __TMR__  __GJP __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  _____Bernard P. Ingold____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004647                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/30                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1966/03/12                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.0020                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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