RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 JUNE 2005
      DOCKET NUMBER:  AR20040008264


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Joe Schroeder                 |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. Jeanette 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 that his record be corrected to show award of
five Air Medals with “V” device and award of the Purple Heart.

2.  The applicant states the awards were omitted from his DD Form 214
(Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214, copies of orders
awarding him the Air Medal for meritorious achievement, a copy of a
citation showing award of the Air Medal (first through twenty-sixth oak
leaf cluster) for meritorious achievement, copies of orders awarding him
the Aircraft Crewman Badge, and a copy of a page from his DA Form 20
(Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 June 1969.  The application submitted in this case is
dated        22 September 2004.

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 applicant requested correction of his records to show award of five
Air Medals with “V” device.  There are no orders or other evidence
authorizing award of five Air Medals with “V” device.  In the absence of a
proper award authority for these decorations, the applicant may request
award of five Air Medals with “V” device under the provisions of Section
1130 of Title 10, United States Code.  The applicant has been notified by
separate correspondence of the procedures for applying for these
decorations under Section 1130 and, as a result, they will not be discussed
further in the Record of Proceedings.

4.  The applicant enlisted in the Army for three years on 20 June 1966,
trained as a helicopter repairman at Fort Rucker, Alabama, and in March
1967 was assigned to Fort Hood, Texas.

5.  In July 1967 the applicant was assigned to Vietnam with his unit, the
240th Assault Helicopter Company.  In October 1967 he was assigned to the
135th Aviation Company.  The applicant completed his tour of duty in
Vietnam and returned to the United States in June 1968.  He was awarded the
Aircraft Crewman Badge and the Air Medal (first through twenty-sixth oak
leaf cluster) for meritorious achievement, ande was participated in three
campaigns during his tour of duty.  The 240th was awarded the Meritorious
Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation
with Palm, and the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation for its actions during his assignment to that company.
The 135th Aviation Company was awarded the Republic of Vietnam Gallantry
Cross Unit Citation with Palm for its actions while he was assigned to that
company.

6.  In August 1968 the applicant was assigned to Fort Carson, Colorado,
where he was awarded the Expert Marksmanship Qualification Badge with rifle
bar.

7.  On 11 June 1969 the applicant underwent a separation medical
examination.  The report of that examination does not show that he was
wounded in action, nor does it reflect that he sustained any wounds or
injuries.  In the report of medical history that he furnished for the
examination, the applicant stated that his health was good.  He did not
indicate that he had been wounded in action.

8.  The applicant’s medical records, which are available to the Board,
contain no evidence to show that the applicant was wounded in action.

9.  The applicant was released from active duty at Fort Carson on 19 June
1969. His DD Form 214 shows award of the National Defense Service Medal,
the Republic of Vietnam Campaign Medal, the Aircraft Crewman Badge, and the
Air Medal.  It also shows award of the Vietnam Service Medal with one
bronze service star, not reflecting all the campaigns in which he
participated.  That form does not show award of the Purple Heart.

10.  The Vietnam Casualty Roster maintained at this agency does not show
that the applicant was wounded in action.

11.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for
a wound sustained as a result of hostile action.  Substantiating evidence
must be provided to verify that the wound was the result of hostile action,
the wound must have required treatment, and the medical treatment must have
been made a matter of official record.

12.  Army Regulation 600-8-22, paragraph 6-7 provides for bronze service
stars for wear on campaign and service ribbons to denote an additional
award, and states that service stars are authorized for wear on the Vietnam
Service Medal.  A silver star is worn instead of five bronze service stars.


DISCUSSION AND CONCLUSIONS:

1.  There is no evidence and the applicant has not provided any, to show
that he was awarded the Purple Heart.  His medical records contained no
evidence that he had been wounded in action.  The applicant’s separation
physical examination did not indicate that he had been wounded in action,
and the applicant himself in submitting a report of his medical history for
that examination did not state that he had been wounded in action.
Consequently, there is no basis to correct his records to show award of the
Purple Heart.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 June 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on           18 June 1972.  However, the applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

3.  The evidence shows that the applicant’s record contains administrative
error that does not require action by the Board.  The necessary corrections
will be accomplished administratively by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined in paragraph 3 of the
Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JS____  __LF  ___  ___JM __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Case Management Support Division in St. Louis is requested to
correct the applicant’s records to show award of the Air Medal (first
through twenty-sixth oak leaf cluster), the Vietnam Service Medal with
three bronze service stars, the Meritorious Unit Commendation, two awards
of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and the Expert Marksmanship Qualification Badge with rifle bar.




                                  ___ __Joe Schroeder_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008264                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050628                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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