RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 March 2008
      DOCKET NUMBER:  AR20070015092


      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. John T. Meixell               |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 his record be corrected to show
he was awarded the Air Medal (AM) for meritorious achievement while
participating in aerial flight on 15 June 1968, while serving in the
Republic of Vietnam (RVN).

2.  The applicant states, in effect, that he was attached to Company E, 2nd
Battalion, 506th Infantry Regiment, as a medical corpsman (Medic) on 15
June 1968, the date the platoon he was attached to received the AM.  He
would like to be awarded the AM for this action for personal reasons.

3.  The applicant provides Headquarters, 101st Airborne Division General
Orders (GO) Number (#) 10650, dated 13 December 1968, and 101st Airborne
Division GO # 11393, dated 30 December 1968, 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 July 1967.  He was trained in and awarded
military occupational specialty (MOS) 91B (Medical Aidman), and specialist
five (SP5) is the highest rank he attained while serving on active duty.

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 2 April 1968 through 26 October 1969.  Item 38
(Record of Assignments) shows that during his RVN tour, he was assigned to
Headquarters and Headquarters Company (HHC), 2nd Battalion, 506th Infantry
Regiment, performing duties in MOS 91B as a Medic through 27 March 1969;
and to the
6th Convalescent Center, 44th Medical Brigade, from 2 April through
26 October 1969, performing duties in MOS 91B as a medic.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that he earned the following awards during his active duty tenure:
National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); BSM
(1st Oak Leaf Cluster) with "V" Device; Purple Heart (PH); AM; Army
Commendation Medal (ARCOM); Army Good Conduct Medal (AGCM); RVN Campaign
Medal with Device (1960); Combat Medical Badge (CMB); Parachutist Badge;
Marksman Marksmanship Qualification Badge with Pistol Bar; and 3 Overseas
Service Bars.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains
orders awarding the applicant two separate awards of the BSM with "V"
Device, for heroism in ground combat while serving in the RVN.  The first
for action on
15 June 1968, while he was serving as the platoon Medic for Company E,
2nd Battalion, 506th Infantry Regiment; and the second for action on
16 September 1968, while he was serving as the Medic for Company A, 2nd
Battalion, 506th Infantry Regiment.

6.  The applicant's MPRJ also contains orders that awarded the applicant
the
AM for meritorious achievement while participating in aerial flight in the
RVN on 25 July 1968.  There are no orders on file that awarded him the AM
for achievement on 15 June 1968.

7.  On 6 June 1970, the applicant was honorably released from active duty
after completing 2 years, 10 months, and 20 days of active military
service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized) of the separation document (DD
Form 214) he was issued at that time shows he earned the following awards
during his active duty tenure:  NDSM; BSM; AM; PH; ARCOM; AGCM; VSM; RVNCM;
CMB; Parachutist Badge; Expert Marksmanship Qualification Badge with Rifle
Bar; and 3 Overseas Service Bars.

8.  The applicant provides orders awarding 25 members of Company E,
2nd Battalion, 506th Infantry Regiment, the AM for meritorious achievement
in flight in the RVN on 15 June 1968.  He also provides orders that awarded
him the BSM with "V" Device for heroism in action in the RVN on this same
date, while serving as a platoon Medic for this same unit.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in
pertinent part, that a bronze service star is authorized with this award
for each campaign a

member is credited with participating in while serving in the RVN.  A
silver service star is used in lieu of 5 bronze service stars to denote
participation in
5 campaigns.

10.  Table B-1 of the awards regulation contains a list of RVN campaigns
and it shows that during the applicant's tenure of assignment in the RVN,
participation credit was granted for the Vietnam Counteroffensive Phase IV;
Vietnam Counteroffensive Phase V; Vietnam Counteroffensive Phase VI; Tet 69
Counteroffensive, 1969; and the Vietnam Summer-Fall 1969 campaigns.

11.  Paragraph 3-14 of the awards regulation contains guidance on award of
the BSM.  It states, in pertinent part, that an Oak Leaf Cluster will be
awarded to denote a second and subsequent award of the BSM.  The regulation
also stipulates that a "V" will be awarded with the BSM for awards made for
heroism; however, in the case of multiple "V" devices, only one is worn on
the service ribbon.

12.  Paragraph 3-16 of the awards regulation contains guidance on award of
the AM.  It states, in pertinent part, that it can be awarded to members
who have distinguished themselves by meritorious achievement while
participating in aerial flight.  Numerals beginning with 2 are used to
denote the second and subsequent awards of the AM.

13.  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 (2nd Battalion, 506th Infantry
Regiment) earned the Presidential Unit Citation (PUC) for the period 13
June through 23 September 1968, Meritorious Unit Commendation (MUC) for the
period 14 March through
3 October 1968, RVN Gallantry Cross with Palm Unit Citation, and the RVN
Civil Actions Honor Medal First Class Unit Citation.

14.  The unit citation register also shows that during the applicant's
tenure of assignment with his second unit (6th Convalescent Center), this
unit received the
MUC, for the period 1 August 1969 through 31 October 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that because he was attached to and acting
as the Medic for Company E, 2nd Battalion, 506th Infantry Regiment, and
participated in
the same action as the unit on 15 June 1968, he should also have been
awarded the AM the other members of the unit received for their achievement
in aerial flight on that date was carefully considered and found to have
merit.

2.  The evidence of record confirms the applicant was awarded the BSM with
"V" Device for heroism in connection with the 15 June 1968 action in
question, while he was serving as a platoon Medic with Company E, 2nd
Battalion,
506th Infantry Regiment.  Therefore, it would be appropriate and serve the
interest of justice and equity to award him the AM received by other
members of the unit for the same combat operation he participated in on 15
June 1968, for which he received a heroism award.

3.  The evidence of record also shows that the applicant received a second
award of the BSM with "V" Device and the Marksman Marksmanship
Qualification Badge with Pistol Bar, which were not included in the list of
awards contained on his DD Form 214; and that based on his service and
campaign participation in the RVN, he is entitled to the PUC, MUC (2nd
Award), RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions
Honor Medal First Class Unit Citation, and 1 silver service star with his
VSM.  Therefore, it would also be appropriate to add these awards to his
record and separation document at this time.

BOARD VOTE:

___JTM _  __LMD __  __JRM _  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.  awarding him the Air Medal for meritorious achievement while
participating in aerial flight in the Republic of Vietnam on 15 June 1968;

      b.  by amending Item 24 of his 6 June 1970 DD Form 214 by deleting
the current list of awards and replacing it with the entry "National
Defense Service Medal, Bronze Star Medal (1st Oak Leaf Cluster) with "V"
Device, Purple Heart, Air Medal with Numeral 2, Army Commendation Medal,
Army Good Conduct Medal, Vietnam Service Medal with 1 silver service star,
Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, Presidential Unit Citation,
Meritorious Unit Commendation (2nd Award), Combat Medical Badge,
Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar,
Marksman Marksmanship Qualification Badge with Pistol Bar, and 3 Overseas
Service Bars"; and

      c.  providing him a correction to his separation document that
includes these changes.




                                  _____John T. Meixell_____
                                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070015092                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/03/                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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