RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         7 JULY 2005
      DOCKET NUMBER:  AR20040008672


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Eric Andersen                 |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 all of the medals “received in combat” be
added to his separation document.  He specifically notes that his
separation document does not reflect award of the Purple Heart and his Air
Medal with “27 clusters” (28 awards of the Air Medal).  He also notes that
he was told he would receive a Bronze Star Medal.

2.  The applicant states that he was told in 1968 that he would receive a
Bronze Star Medal for a “fiery rescue of another crew” while in Vietnam.
He states that he received his award of the Purple Heart 20 years late and
needs that decoration added to his separation document.

3.  The applicant states that he needs the corrections to his separation
document so that he can go to the Department of Veterans Affairs hospital
in Atlanta.

4.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 May 1970.  The application submitted in this case is
dated
7 October 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 Board noted the applicant’s request for award of the Bronze Star
Medal and the Air Medal with 27 oak leaf clusters.  His records confirm
award of the Air Medal with 21 oak leaf clusters (22 awards of the Air
Medal).  However, 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 Bronze Star Medal and for six additional awards of the Air
Medal under this provision of law.  As a result, award of the Bronze Star
Medal and awards of the Air Medal beyond his 22nd award (21st oak leaf
cluster) will not be discussed further in these proceedings.

4.  Records available to the Board indicate that the applicant was inducted
and entered active duty on 25 May 1967.  He was discharged for the purpose
of immediate reenlistment in the Regular Army on 31 May 1967.  He was
trained as a helicopter mechanic (specialty 67N).

5.  In November 1967, while undergoing training, he qualified as an expert
with the M-16 automatic rifle and was awarded the associated badge and
component bar.  Orders issued at Fort Eustis, Virginia, confirmed the
award.  The badge, however, was omitted from his separation document.

6.  In December 1967 the applicant was assigned to Vietnam.  He was
initially assigned to the 214th Aviation Battalion, was reassigned to the
140th Transportation Detachment in April 1968, and by 12 May 1968 had been
further assigned to the 117th Assault Helicopter Company.

7.  According to information contained on a listing of individuals who were
reported as combat casualties during the Vietnam War, the applicant was
wounded as a result of hostile action on 1 November 1968.  There is no
indication that orders were ever issued awarding the applicant the Purple
Heart and it is not recorded on his separation document.  However, in 1991
officials at the Army’s Reserve Personnel Command authorized issuance of
the decoration.

8.  In December 1968 the applicant returned to the United States and
completed his enlistment contract at Fort Bragg, North Carolina.

9.  In January 1969, after the applicant had already departed Vietnam,
orders were issued by the 1st Aviation Brigade in Vietnam awarding the
applicant his first Air Medal.  He was subsequently awarded 21 additional
awards of the Air Medal (1st through 21st oak leaf cluster) by the 1st
Aviation Brigade.  Orders confirming the additional awards were issued in
February 1969.  The applicant’s separation document reflects no Air Medals.






10.  In December 1969 the applicant qualified as an expert with the M-14
rifle and as a sharpshooter with the .45 caliber pistol.  He was awarded
the associated badges and component bars.  The information, however, was
omitted from his separation document.

11.  On 28 May 1970 the applicant was released from active duty.  His
separation document reflects entitlement to the National Defense Service
Medal, Army Good Conduct Medal, and service decorations associated with his
service in Vietnam.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

13.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant was credited
with participating in five designated campaigns (Vietnam Counteroffensive
Phases III, IV, V, and VI, and TET 69 Counteroffensive) during the
applicant’s period of assignment.  A silver service star on the Vietnam
Service Medal, which is recorded on his separation document, should reflect
his campaign participation.  Two of the units the applicant was assigned to
received awards of the Republic of Vietnam Gallantry Cross Unit Citation
with Palm while he was a member of those organizations and the 214th
Aviation Battalion was awarded a Meritorious Unit Commendation and a
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
when he was assigned to that organization.  The unit awards were also
omitted from his separation document.

14.  Army Regulation 600-8-22 states that the Aircraft Crew Member Badge
may be permanently awarded to individuals upon successful completion of
formal advanced individual training in career management fields 67, 28, or
68.

DISCUSSION AND CONCLUSIONS:

1.  Evidence available to the Board confirms that the applicant was wounded
as a result of hostile action on 1 November 1968.  His records should be
corrected to reflect award of the Purple Heart.




2.  The applicant’s record confirms that he was awarded 22 awards of the
Air Medal, that he qualified as an expert with the M-16 automatic rifle and
the M-14 rifle and as a sharpshooter with the .45 caliber pistol, and was
awarded the associated badges and component bars.  His records should be
corrected accordingly.

3.  By virtue of the applicant’s successful completion of training in a 67-
career management field specialty he is entitled to the Aircraft Crew
Member Badge.  His records should be corrected to reflect that information.

4.  The evidence also confirms that the applicant is entitled to one silver
service star on his Vietnam Service Medal, a Meritorious Unit Commendation,
two awards of the Republic of Vietnam Gallantry Cross Unit Citation with
Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.

BOARD VOTE:

__MM___  __EA ___  __CK____  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:

      a.  by awarding him the Purple Heart for wounds sustained on
1 November 1968;

      b.  by showing that he was awarded 22 awards of the Air Medal;


      c.  by showing that he qualified as an expert with the M-16 automatic
      rifle
and the M-14 rifle and as a sharpshooter with the .45 caliber pistol, and
was awarded the associated badges and component bars; and

      d.  by showing that he is entitled to one silver service star on his
Vietnam Service Medal, a Meritorious Unit Commendation, two awards of the
Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



                            ______Melvin Meyer _______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008672                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050707                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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