RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 July 2007
      DOCKET NUMBER:  AR20070000470


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Jose Martinez                 |     |Member               |
|     |Mr. William Crain                 |     |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 that his Report of Transfer or Discharge (DD
Form 214) be corrected to show all of the decorations, medals,
commendations, citations and campaign ribbons that were awarded and
authorized.  He also requests that all the units that he served in while he
was in Vietnam be included on his DD Form 214.

2.  The applicant states that the Army made a mistake and who ever
completed his DD Form 214 committed fraud and the form is incomplete.

3.  The applicant provides in support of his application, a copy of the
citation awarding him the Army Commendation Medal; and a copy of the orders
awarding him the Purple Heart and the Purple Heart (First Oak Leaf
Cluster).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 February 1969.  The application submitted in this case
was received 10 January 2007.

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 6 February 1967, the applicant was inducted into the Army in
Indianapolis, Indiana and he successfully completed his training as a light
weapons infantryman.  He was transferred to the Republic of Vietnam on 8
July 1967, and he was assigned to Company B, 3rd Battalion, 21st Infantry,
196th Light Infantry Brigade on 21 July 1967.

4.  The applicant was transferred to Company E, 3rd Battalion, 7th
Infantry, 199th Infantry Brigade on 24 October 1967.




5.  While in Vietnam, General Orders Number 741 was published on 6 July
1968, awarding the applicant the Purple Heart for wounds received on
21 December 1967, in connection with military operations against a hostile
force.  The same orders awarded him the Purple Heart (First Oak Leaf
Cluster) for wounds received on 24 April1968, in connection with military
operations against a hostile force, while serving in the pay grade of E-4.

6.  On 21 July 1968, General Orders Number 732 was published awarding the
applicant the Army Commendation Medal for meritorious service in connection
with military operations against a hostile force for the period covering
October 1967 to July 1968.

7.  The applicant was transferred to the Continental United States on 15
July 1968 and he was assigned to A Company, 7th Battalion, 6th Infantry,
2nd Armored Division, Fort Hood, Texas.

8.  On 5 February 1969, the applicant was honorably released from active
duty (REFRAD) under the provisions of Army Regulation 535-200, chapter 2,
at the expiration of his term of service.  The DD Form 214 that he was
furnished at the time of his REFRAD shows that he was awarded the Vietnam
Service Medal w/three Bronze Service Stars, the Republic of Vietnam
Campaign Medal, the National Defense Service Medal, the Combat Infantryman
Badge, the Valorous Unit Award, the Marksman Marksmanship Qualification
Badge w/Rifle Bar, the Sharpshooter Marksmanship Qualification Badge w/
Rifle Bar and the Expert Marksmanship Qualification Badge (M-60 Machine
Gun).  His DD Form 214 also shows his last duty assignment and major
command as Company A, 7th Battalion, 6th Infantry Regiment, 2nd Armored
Division.

9.  A review of the Vietnam Casualty Listing shows that the applicant was
wounded in action on 24 April 1968.

10.  The applicant Enlisted Qualification Records shows that the he was
also entitled to two Overseas Service Bars.  However, the Purple Heart
(First Oak Leaf Cluster), the Army Commendation Medal and the two Overseas
Service Bars were omitted from his DD Form 214.

11.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was


assigned to was awarded the Republic of Vietnam Gallantry Cross w/Palm Unit
Citation for the period 20 July 1965 through 28 March 1973, by DAGO Number
8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  Errors were made during the preparation of the applicant's DD Form 214
which resulted in the omission of some of his decoration.

2.  The evidence of record clearly shows that the applicant was award the
Purple Heart (First Oak Leaf Cluster), the Army Commendation Medal, the
Valorous Unit Award and two Overseas Service Bars while he was in the Army
and his DD Form 214 should be corrected to reflect these decorations.

3.  The applicant is also entitled to the Republic of Vietnam Gallantry
Cross w/Palm Unit Citation, which should also be included on his DD Form
214.

4.  However, there is no provision by law or regulation for the inclusion
of all Vietnam unit assignments on an individual's DD Form 214.  Therefore,
this information was properly omitted from his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 February 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 5 February 1972.  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

__JA____  __JM ___  ___WC__  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 amending his DD Form
214 to show that he was awarded the Purple Heart (First Oak Leaf Cluster),
the Army Commendation Medal, the Valorous Unit Award, the Republic of
Vietnam Gallantry Cross w/Palm unit Citation and two Overseas Service Bars.

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
amending his DD Form 214 to include all of his Vietnam unit assignments.




                            ____ James Anderholm_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000470                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070712                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  61                  |107.0015/PURPLE HEART                   |
|3.  66                  |107.0020/ARCOM                          |
|4.  146                 |107.0100/RVNGC W/PALM                   |
|5.  189                 |110.0000/SEPARATION DOCUMENT            |
|6.                      |                                        |


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