RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         7 JULY 2005
      DOCKET NUMBER:  AR20040008695


      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, in effect, award of two Purple Hearts.

2.  The applicant states he was involved in two incidents in Vietnam.  He
states that he suffered shrapnel wounds and injuries from a helicopter
crash while in Vietnam.  He states that he would like the corrections made
to his records so all the decorations he is entitled to can be awarded.

3.  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 10 October 1967.  The application submitted in this case
is dated
6 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.  Records available to the Board indicate that the applicant was inducted
and entered active duty on 11 October 1965.  In May 1966, following
completion of training, he was assigned to the 2nd Battalion, 502nd
Infantry in Vietnam.

4.  Documents in his service medical records indicate that on 23 December
1966 the applicant sustained a broken leg, contusion to his thighs and a
laceration to his left thigh as a result of a helicopter crash.  The
documents indicate that the applicant was a passenger in the helicopter
which crashed shortly after takeoff because of a power failure.  His
injuries were recorded as “accidentally incurred” and not as a result of
hostile action.

5.  As a result of the applicant’s injuries he was medically evacuated from
Vietnam and ultimately returned to duty at Fort Campbell, Kentucky.

6.  On 10 October 1967 he was released from active duty in pay grade E-3.
His service was characterized as honorable.
7.  His separation physical examination notes that the applicant was also
treated for malaria while in Vietnam, but makes no mention of any wounds
incurred as a result of hostile action.  The applicant’s name is not among
a list of individuals reported as combat casualties during the Vietnam War.

8.  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.  The regulation precludes award of the Purple Heart for
wounds or injuries which were accidentally incurred.

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in two designated campaigns (Vietnam
Counteroffensive and Vietnam Counteroffensive Phase II) during the
applicant’s period of assignment.  Two bronze service stars on the Vietnam
Service Medal, which is recorded on his separation document, should reflect
his campaign participation.  The unit was also awarded a Meritorious Unit
Commendation and the Republic of Vietnam Gallantry Cross Unit Citation with
Palm during his tenure with the organization.  The unit awards were also
omitted from his separation document.

10.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.

11.  The applicant’s conduct and efficiency ratings throughout his military
service were excellent, and he had no record of any disciplinary actions or
incidents of misconduct.
DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any, which
confirms that he was wounded as a result of hostile action while in
Vietnam.  In the absence of such evidence, there is no basis for an award
of the Purple Heart.

2.  The evidence which is available indicates that the injuries sustained
by the applicant during the helicopter crash were accidentally incurred and
as such, do not meet the criteria for award of the Purple Heart.

3.  The evidence does, however, confirm that the applicant is entitled to
two bronze service stars on his Vietnam Service Medal, a Meritorious Unit
Commendation, and the Republic of Vietnam Gallantry Cross Unit Citation
with Palm.  His records should be corrected accordingly.

4.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 10 October 1967.  There is no evidence his
commander ever disqualified him from receiving the award and no evidence of
any misconduct which would justify denying him the award.  In view of the
foregoing, the Board concludes that the applicant met the basic
qualifications for award of the Army Good Conduct Medal and it would be
appropriate and in the interest of equity to award him that decoration for
the period 11 October 1965 through
10 October 1967.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MM__  __EA ___  ___CK __  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:

      a.  by showing that he is entitled to two bronze service stars on his
Vietnam Service Medal, a Meritorious Unit Commendation, and the Republic of
Vietnam Gallantry Cross Unit Citation with Palm; and


      b.  by awarding him the Army Good Conduct Medal for the period
11 October 1965 through 10 October 1967.

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
award of two Purple Hearts.




                            ______ Melvin Meyer________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008695                           |
|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          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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