RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 December 2007
      DOCKET NUMBER:  AR20070007063


      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. William D. Powers             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Ms. Sherry J. Stone               |     |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 he be awarded the Purple Heart
(PH) and "V" (Valor) Device with his Bronze Star Medal (BSM); that his
record of assignments be corrected; and that his record be corrected to
show his entitlement to the Valorous Unit Award (VUA), Meritorious Unit
Commendation (MUC), RVN Gallantry Cross (RVNGC) with Palm Unit Citation,
and RVN Civil Actions Honor Medal (RVNCAHM) First Class Unit Citation.

2.  The applicant states, in effect, that his record of assignments does
not properly document his assignments in the Republic of Vietnam (RVN) and
he needs this corrected to support his Post Traumatic Stress Disorder
(PTSD) disability claim with the Department of Veterans Affairs (VA).  He
also states that the BSM certificate issued to him by Department of the
Army in 2005 did not indicate it was awarded for heroism with a "V" Device,
which it should have.  He further indicates that he discovered documents
that show he was at the
12th Evacuation Hospital and 3rd Field Hospital on 17 and 18 January 1970;
however, the injury he received is not documented.  He states that the
injury must have been serious enough for him to be evacuated.  He claims
the medical treatment records do indicate that glass fragments were removed
from his eye, but they do not document how the injury occurred.  He claims
that these documents he found are supported by the dream flashbacks he has
of incoming rockets to the company area and his diving to the ground, at
which point he usually awakes with a cold sweat and terrifying fear.  He
thinks a review of these documents will support his request for the PH.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Statement; Separation Document (DD Form 214);
Correction to Separation Document (DD Form 215); Enlisted Qualification
Record (DA Form 20); Honorable Discharge Certificate; VA Claim Letter;
Treatment Summary; Chronological Record of Medical Care (SF 600);
Spectacles Prescription;
VA Rating Decision Extracts; Social Security Administration Disability
Insurance; Medical Record Consultation Sheet (3 Pages); Progress Note;
Department of the Army (DA) Pamphlet 672-3 Extract; DA General Orders (GO)
Number (#) 24; 15th Support Battalion (Fwd) Awards; 15th Medical Battalion
Daily Staff Journal; Headquarters (HQs), 1st Cavalry Division GO # 1420 and
BSM Certificate
HQs, Fort Monroe, Virginia Special Orders (SO) # 15; HQs, U. S. Army
Personnel Center, Fort Lewis, Washington SO # 59; HQs, 1st Cavalry Division
SO # 66; and HQs, 1st Cavalry Division SO # 173.
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 was inducted into the Army and
entered active duty on 12 March 1968.  He was trained in and awarded
military occupational specialty (MOS) 71B (Clerk Typist), and the highest
rank he attained while serving on active duty was specialist five (SP5).

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 2 March 1969 through 1 March 1970.  Item 38
(Record of Assignments) shows that during his RVN tour, he was assigned to
the
15th Administration Company of the 1st Cavalry Division (Attached to
Company A, 15th Medical Battalion) from 7 March 1969 through 19 October
1969 and that he was assigned to Company A, 15th Medical Battalion from
20 October 1969 through 26 February 1970.

4.  Item 40 (Wounds) of the applicant's DA Form 20 is blank and the PH is
not included in Item 41 (Awards and Decorations).  The applicant last
audited the
DA Form 20 on 24 January 1970.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains HQs,
1st Cavalry Division SO # 66, dated 7 March 1969, which assigned him to the
15th Administrative Company, and HQs, 1st Air Cavalry Division SO # 173,
dated 22 June 1969, which attached him to Company A, 15th Medical
Battalion.  It also contains HQs, 1st Cavalry Division (Airmobile) GO #
1420, dated 26 January 1970, which awarded him the BSM for meritorious
service during the period March 1969 through March 1970.  These orders do
not indicate this BSM was awarded for heroism with a "V" Device.

6.  The applicant's MPRJ is void of any orders or other documents
indicating that he was ever awarded the PH or "V" Device with his BSM by
proper authority while serving on active duty.  It is also void of any
medical treatment records that show he was treated for a wound he received
as a result of enemy action while serving in the RVN.

7.  On 1 March 1970, the applicant was honorably separated after completing

1 year, 11 months and 20 days of active military service.  The DD Form 214
he was issued at the time, as amended by a DD Form 215 issued in 2005,
shows he earned the following awards during his active duty tenure:
National Defense Service Medal; BSM; Army Good Conduct Medal; Vietnam
Service Medal; and RVN Campaign Medal.  The PH and "V" Device were not
included in the list of awards and the applicant authenticated his original
DD Form 214 with his signature on the date of his separation.

8.  The applicant provides a Chronological Record of Medical Care, which
shows he was treated for a laceration of his right eye that was the result
of the shattering of his glasses on 17 and 18 January 1970.  This treatment
record gives no indication this injury was received as a result of enemy
action.

9.  The applicant also provides an extract of a VA Rating Decision and
accompanying medical documents that show he was awarded service connection
for the following conditions:   Peripheral Neuropathy, right hand, and
assigned a 20 percent disability percentage; Peripheral Neuropathy, left
hand, and assigned a 20 percent disability percentage; Peripheral
Neuropathy, right foot, and assigned a 10 percent disability percentage;
and Peripheral Neuropathy, left foot, and assigned a 10 percent disability
percentage.  This same document confirms his Proiferative Diabetic
Retinopathy, both eyes, was service connected; however, the disability
percentage was established as 0 percent.  It also indicated that he was
denied service connection for a claimed Post Traumatic Stress Disorder
(PTSD).

10.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This
search failed to reveal an entry on this document pertaining to the
applicant.

11.  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 in order to support award of the PH there must be evidence
showing that wound for which the award is being made was received as a
result of enemy action, that it was treated by military medical personnel,
and a record of this treatment must have been made a matter of official
record.

12.  Paragraph 2-13 of the awards regulation provides guidance on the
Vietnam Service Medal.  It states, in pertinent part, that a bronze service
star is authorized for each campaign a member was credited with
participating in while serving in the RVN.

13.  Table B-1 of the awards regulation contains a list of RVN campaigns
and shows that during the applicant's tenure of assignment, participation
credit was granted for the TET 69 Counteroffensive, Vietnam Summer-Fall
1969, and Vietnam Winter-Spring 1970 campaigns.

14.  Paragraph 6-5 of the awards regulation contains guidance on the "V"
Device. It states, in pertinent part, that it is authorized for wear with
the BSM to denote an award made for heroism (valor).

15.  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 his tenure of
assignment  in the RVN, the applicant’s unit (Company A, 15th Medical
Battalion) received the MUC, RVN Gallantry Cross with Palm Unit Citation
and RVN Civil Actions Honor Medal First Class Unit Citation.  The unit
received the VUA for the period
1 through 31 October 1967, and for the period 1 May through 29 June 1970.
The unit did not receive the VUA during the applicant's tenure of
assignment between 2 March 1969 and 1 March 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH and the "V" Device with
his BSM was carefully considered.  However, by regulation, in order to
support award of the PH there must be evidence that the wound for which the
award is being made was received as a result of enemy action, and the
regulation only authorizes a "V" Device with a BSM that is awarded for
heroism.

2.  The evidence of record is void of any orders or other documents that
indicate the applicant's eye injury was received as a result of enemy
action.  Item 40 of his DA Form 20 is blank, which indicates he was never
wounded in action, and the medical treatment record provided by the
applicant indicates he received a laceration to his eye when his glasses
shattered.  The treatment record gives no indication the injury was
received as a result of enemy action.

3.  Further, the PH is not included on the list of awards contained on the
applicant's DD Form 214, which he authenticated with his signature on the
date of his separation.  In effect, his signature was his verification that
the information contained on the separation document, to include the list
of awards was correct at the time the document was prepared and issued.
Finally, the applicant's name is not included on the Vietnam Casualty
Roster, the official list of RVN casualties. As a result, the regulatory
burden of proof necessary to support award of the PH has not been satisfied
in this case.

4.  By regulation, the "V" Device is authorized with the BSM to denote an
award made for heroism (valor).  The evidence of record confirms the
applicant was awarded the BSM for meritorious service during a defined
period.  There is no indication that this award, or any other award of the
BSM was made to the applicant for heroism.  Therefore, there is an
insufficient evidentiary basis to support award of a "V" Device with his
BSM at this time.

5.  The applicant's request that his record of assignments be corrected was
also carefully considered; however, the record of RVN assignments listed in
Item 38 match the assignments made in the orders provided by the applicant.
 As a result, there is no evident error or injustice in the record of
assignments currently outlined in the applicant's record.

6.  In addition, the applicant requested that the VUA, MUC, RVN Gallantry
Cross (RVNGC) with Palm Unit Citation, and RVNCAHM First Class Unit
Citation be added to his record and separation document.  The evidence of
record shows that based on his assignment to Company A, 15th Medical
Battalion, the applicant is entitled to the MUC, which is already
documented in his record and separation document.  As a result, no further
corrective action is necessary on this award.

7.  The evidence does shows that based on his RVN service and campaign
participation, he is entitled to the RVN Gallantry Cross with Palm Unit
Citation, RVNCAHM First Class Unit Citation and 3 bronze service stars with
his Vietnam Service Medal.  Therefore, it would be appropriate to add these
awards to his record and separation document at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___WDP_  __MJF __  __SJS __  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing the applicant's entitlement to the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation and 3 bronze
service stars with his Vietnam Service Medal; and by providing him a
correction to his separation document that includes these awards.

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; award of the "V" Device with his Bronze Star
Medal; entitlement to the Valorous Unit Award; and correction of his record
of assignments.




                                  _____William D. Powers___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070007063                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/12/11                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/03/01                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Ret                                  |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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