RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 January 2008
      DOCKET NUMBER:  AR20070011331


      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. David K. Hassenritter         |     |Chairperson          |
|     |Mr. James R. Hastie               |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 Headquarters, II Field Force
Vietnam General Orders (GO) Number (#) 2602, dated 2 October 1969, and
accompanying certificate and citation, be corrected to reflect his correct
middle initial, Social Security Account Number (SSAN) and date of action;
and that Headquarters, II Field Force Vietnam GO # 2267, dated 7 September
1969, and accompanying certificate be corrected to reflect his correct
SSAN.

2.  The applicant states, in effect, that it is understandable that such
administrative errors could have occurred under war time conditions;
however, while he may have noticed the administrative errors earlier, they
were unimportant because his separation document reflected the correct
awards and he knew he earned them.  However, now, nearly 40 years later, he
needs the orders and accompanying documents corrected in order to receive a
local civilian award.

3.  The applicant provides the following documents in support of his
application:  Headquarters, II Field Force Vietnam GO) # 2602, dated 2
October 1969; Headquarters, II Field Force Vietnam GO # 2267, dated 7
September 1969; Bronze Star Medal (BSM) with "V" (Valor) Device
Certificate, dated
27 September 1969; BSM 1st Oak Leaf Cluster Certificate, dated 5 September
1969; BSM 1st Oak Leaf Cluster Citation; Purple Heart (PH) Orders
(Headquarters, 12th Evacuation Hospital GO # 107), dated 14 May 1968; PH
Certificate, dated 13 May 1968; and Unit Orders, dated 6 June 1968.

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 served on active duty in a
commissioned officer status from 10 January 1967 through 31 August 1992, at
which time he was honorably retired in the rank of colonel, after having
completed 1 year and 25 days of prior active duty in an enlisted status.

3.  The applicant's appointment orders list the Service Number (Svc Nr) and
SSAN he now claims is correct.

4.  The DD Form 214 issued to the applicant on 31 August 1992, the date of
his separation for retirement, lists the SSAN listed in his appointment
orders in Item 3 (Social Security No).

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) and the Item 18 (Remarks) continuation of Item 13 of
the applicant's DD Form 214 shows he earned the following awards during his
active duty tenure:  Legion of Merit 1st Oak Leaf Cluster; BSM 1st Oak Leaf
Cluster with "V" Device; PH; Meritorious Service Medal 1st Oak Leaf
Cluster; Army Commendation Medal 1st Oak Leaf Cluster; Presidential Unit
Citation; Valorous Unit Award; Army Good Conduct Medal; National Defense
Service Medal with Service Star; Vietnam Service Medal with 3 bronze
service stars; Armed Forces Reserve Medal; Army Service Ribbon; Overseas
Service Ribbon with Numeral 2; Republic of Vietnam Campaign Medal; and
Parachutist Badge.

6.  The applicant's Personnel Qualification Record (DA Form 2-1) shows he
served in the Republic of Vietnam (RVN) from 2 December 1967 through 28
June 1968.  His record also contains an extract of the Record of
Assignments portion of his Officer Qualification Record (DA Form 66), which
shows that during his RVN tour of duty, he was assigned to Troop A, 1st
Squadron, 11th Armored Cavalry Regiment, from 13 January 1968 through 13
May 1968, at which time he entered the Medical Holding Company, Camp Zama,
Japan, as a patient.

7.  The applicant's Official Military Personnel File (OMPF) contains
Headquarters, II Field Force Vietnam GO) # 2602, dated 2 October 1969,
which awarded the applicant the BSM with "V" Device, for his heroism in
connection with military action in the RVN on 13 May 1969 (sic).  It also
contains Headquarters,
12th Evacuation Hospital, Camp Zama, Japan, GO # 107, dated 14 May 1968,
which awarded the applicant the PH for being wounded in action in the RVN
on 13 May 1968.  It also contains Headquarters, II Field Force Vietnam GO #
2267, dated 7 September 1969, which awarded him the BSM 1st Oak Leaf
Cluster for the period 24 January 1968 through 13 May 1968.

8.  The BSM with "V" orders on file in the applicant's OMPF contain a
middle initial that does not correspond with the applicant's middle name
and a SSAN that does not match the applicant's correct SSAN or Svc Nr.  The
BSM 1st Oak Leaf Cluster orders on file contain a SSAN that does not match
either the applicant's correct SSAN or Svc Nr.  The PH orders in the OMPF
do not contain a SSAN; however, they do contain the applicant's proper Svc
Nr.

9.  The applicant also provides a BSM with "V" Device Certificate, dated
27 September 1969, which shows his middle initial as F instead of P, his
correct middle initial; that lists a SSAN that does not match the
applicant's proper SSAN; and that shows he received this award for heroism
in the RVN on 13 May 1969 (sic).  He also provides a BSM 1st Oak Leaf
Cluster Certificate and Citation that list a SSAN that does not match his
correct SSAN.  The Certificate and Citation both list the period of the
award as 24 January 1968 through 13 May 1968.

10.  The applicant also provides Headquarters, 12th Evacuation Hospital,
Camp Zama, Japan, GO # 107, which awarded him the PH for being wounded in
action in the RVN on 13 May 1968, and the accompanying PH Certificate.
These documents confirm he was awarded the PH for being wounded in action
in the RVN on 13 May 1968, and both list his correct Svc Nr.

11.  The applicant finally provides a unit order that cites him for his
heroic actions on 13 May 1968, and that awarded him the RVN Gallantry Cross
Unit Citation with Gold Star for these actions.

12.  United States Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for processing of foreign awards and decorations
presented to individuals and units.  This regulation, in pertinent part,
governed award of the Republic of Vietnam Gallantry Cross as a personal
decoration.  This decoration is awarded to personnel who have conducted
themselves with heroic action and have displayed deeds of valor while
fighting the enemy.  The more gallant and noteworthy the act, the higher
the level of the award.  This decoration was awarded in four degrees: with
Palm, with Gold Star, with Silver Star and with Bronze Star.  Approval to
accept and to wear a personal award of the Republic of Vietnam Gallantry
Cross required approval by the Commanding General of United States Army
Vietnam.  As with all foreign awards, each recipient of an approved foreign
award was provided a copy of the original citation from the foreign
government, a translation of the citation if necessary, and a letter
authorizing the recipient to receive and wear the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that various award orders he received for
his actions in the RVN contain incorrect personal identification data and
dates was carefully considered and found to have merit.

2.  The evidence of record confirms the applicant served in the RVN through
13 May 1968, at which time he was medically evacuated as a result of wounds
he received in action.  It also confirms that he was awarded the BSM with
"V" Device for his heroic actions of 13 May 1968, and the BSM 1st Oak Leaf
Cluster for his meritorious service in the RVN from 28 January through 13
May 1968.

3.  The applicant's record also confirms that the orders and accompanying
certificates and citations issued for the BSM with "V" and BSM 1st Oak Leaf
Cluster contain incorrect personal identification data on the applicant.
As a result, it would be appropriate to correct these orders and documents
to reflect his correct middle initial, SSAN and date of action where
required.

4.  The evidence of record also confirms the applicant's entitlement to the
RVN Gallantry Cross Unit Citation with Gold Star.  Thus, it would also be
appropriate to add this award to his record at this time.

BOARD VOTE:

__DKH  _  __JRH __  __EEM__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  amending Headquarters, II Field Force GO # 2602, dated 2 October
1969, and the accompanying Bronze Star Medal with "V" Device Certificate by
deleting the current middle initial listed and replacing it with the middle
initial "P", deleting the current SSAN listed and replacing it with the
SSAN listed in Item 3 of his 31 August 1992 DD Form 214, and deleting Date
of Action year and replacing it with the year "1968";

      b.  amending Headquarters, II Field Force GO # 2267, dated 2 October
1969, and the accompanying Bronze Star Medal 1st Oak Leaf Cluster
Certificate and Citation by deleting the SSAN listed and replacing it with
the SSAN listed in Item 3 of his 31 August 1992 DD Form 214; and

      c.  awarding him the Republic of Vietnam Gallantry Cross Unit
Citation with Gold Star and issuing him a correction to his 31 August 1992
DD Form 214 that reflects this award.




                            _____David K. Hassenritter____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070011331                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/01/25                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1992/08/31                              |
|DISCHARGE AUTHORITY     |10 USC 3911                             |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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