RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 June 2007
      DOCKET NUMBER:  AR20070000838


      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. Jerome Pionk                  |     |Member               |
|     |Ms. Jeanette McPherson            |     |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 amended to show that he was awarded the Purple Heart, the Army
Commendation Medal (First Oak Leaf Cluster) and a General Educational
Development (GED) diploma.

2.  The applicant states that he earned his GED at Fort Carson, Colorado,
while he was waiting to be discharged.

3.  The applicant provides in support of his application, a copy of his DD
Form 214; a copy of the General Orders awarding him the Purple Heart; a
copy of his certificate showing that he was awarded the Purple Heart; a
copy of the certificate showing that he was awarded the Army Commendation
Medal; and a copy of a Army Commendation Medal (First Oak Leaf Cluster)
certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 February 1971.  The application submitted in this case
is dated 5 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.  The Board noted the applicant’s request for inclusion of the Army
Commendation Medal (First Oak Leaf Cluster) on his DD Form 214 without
submitting the appropriate orders and neither the orders nor the
certificate awarding him the Army Commendation Medal (First Oak Leaf
Cluster) are included in the available records.  Additionally, the
applicant has not exhausted the administrative remedy available to him
under the provisions of Section 1130, Title 10, United States Code.  He has
been notified by separate correspondence regarding submission of a
recommendation for award of the Army Commendation Medal (First Oak Leaf
Cluster) under this provision of law.  As a result, award of the Army
Commendation Medal (First Oak Leaf Cluster) requested by the applicant is
not discussed further in these Proceedings.
4.  On 12 February 1969, the applicant was inducted into the Army in
Spokane,
Washington and he successfully completed his training as an armor crewman.

5.  On 3 April 1969, Special Orders Number 93 was published awarding the
applicant the Expert Marksmanship Qualification Badge (Rifle M-14).

6.  He was promoted to the pay grade of E-2 on 12 June 1969 and he was
subsequently transferred to the Republic of Vietnam on 20 June 1969.

7.  While in Vietnam, the applicant was promoted to the pay grade of E-3 on
22 July 1969.

8.  The available records indicated that on 7 September 1969, General
Orders Number 9148 was published awarding the applicant the Purple Heart
for wounds he received in action in the Republic of Vietnam on 30 August
1969.

9.  The applicant was promoted to the pay grade of E-4 on 5 November 1969.

10.  General Orders Number 6253 was published on 16 June 1970, awarding the
applicant the Army Commendation Medal for meritorious achievement in the
Republic of Vietnam from 1 January 1970 to 30 April 1970.

11.  The applicant was transferred to the Continental United States on 6
July 1970 and he was assigned to Headquarters, Headquarters Company,
3rd Battalion, 77th Armor Division, Fort Carson, Colorado.

12.  The applicant was honorably released from active duty (REFRAD) at the
expiration of his term of service on 11 February 1971 and he was
transferred to the United States Army Reserve Control Group (Annual
Training).  The
DD Form 214 that he was furnished at the time of his REFRAD shows that he
was awarded the National Defense Service Medal; the Vietnam Service Medal
with two Bronze Service Stars, the Republic of Vietnam Campaign Medal with
Device 1960, and the Army Commendation Medal.  However, his DD Form 214
fails to show he was awarded the Purple Heart and the Expert Marksmanship
Qualification Badge.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document show the unit to which the applicant was
assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 20 July 1965 to 28 March 1973 by Department of the
Army General Orders Number 8, dated 1974.

14.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia, in effect at the time, governs the requirements for the Overseas
Service Bar.  In pertinent part, it provides that a bar is authorized for
wear for each period of active Federal service as a member of the U.S. Army
outside of the continental limits of the United States.  There are special
provisions regarding authorization for the Overseas Service Bar for service
in a hostile fire zone and for combining service to calculate award of the
bars.  For Vietnam service, one overseas service bar is authorized for each
period of 6 months active Federal service as a member of a U.S. Service in
Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and
the month of departure from Vietnam are counted as a whole months for
credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  It appears that the Purple Heart, the Expert Marksmanship Qualification
Badge (Rifle M-14) and two Overseas Service Bars were erroneously omitted
from the applicant's DD Form 214.

2.  The records indicate that he was awarded the Purple Heart for the
wounds that he received on 30 August 1969.  General Orders Number 9148 were
published on 7 September 1969, awarding him the Purple Heart.  Therefore,
his DD Form 214 should be amended to reflect his award of the Purple Heart.

3.  His records also indicate that he was awarded the Expert Marksmanship
Qualification Badge (Rifle M-14) in Special Orders Number 93 and two
Overseas Service Bars.  Consequently, his DD Form 214 should be amended to
reflect these decorations.

4.  In accordance with the applicable regulation, the applicant is also
entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.  Therefore, his record should be corrected to reflect these
decorations.

5.  In view of the foregoing, it would be in the interest of justice to
correct the applicant's records as recommended below.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 February 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 10 February 1974.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.  There are no time limitations for requests for
award of the Purple Heart.

BOARD VOTE:

__JA____  __JP ___  ___JM___  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 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, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, the Expert Marksmanship Qualification Badge (Rifle
M-14) and two Overseas Service Bars.




                            ____James Anderholm_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000838                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070626                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  61                  |107.0015/PURPLE HEART                   |
|3.  140                 |107.0000/RVGC W/PALM UNIT CITATION      |
|4.  154                 |107.0108/EXPERT MARKSMANSHIP            |
|5.  125                 |107.0079/OVERSEAS SERVICE BARS          |
|6.                      |                                        |


-----------------------
[pic]