RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         7 JULY 2005
      DOCKET NUMBER:  AR20040009058


      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 his records be corrected to reflect award
of the Aircraft Crew Member Badge, which he refers to as the “Crew Chief
Wings,” the Purple Heart, and any “peace time awards, Vietnam peace time
awards.”

2.  The applicant states he was a crew chief with more than 280 combat
hours but never received the Aircraft Crew Member Badge.  He also states
that he sustained shrapnel wounds to his neck “on or about” 1970-1971.  He
states he would like his records corrected because he is dying of cancer
and would like his children to remember the good he had done for his
country.

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 4 May 1973.  The application submitted in this case is
dated
15 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 entered
active duty on 8 May 1970.  He was trained as a helicopter repairman and
awarded a military specialty of 67N in October 1970.

4.  In November 1970, following completion of training, the applicant was
assigned to Vietnam.  He was initially assigned to the 539th Transportation
Company.  He was subsequently assigned to several organizations, including
a brief period of temporary duty with the 1st Aviation Brigade (February to
1 June 1972) in Thailand prior to departing Vietnam on 13 June 1972.




5.  His assignment in Vietnam included:

      539th Transportation Company (23 November - 11 December 1970)
      520th Transportation Battalion (12 December 1970 - 6 June 1971)
      605th Transportation Company (7 June - 30 September 1970)
      135th Assault Helicopter Company (1 October 1971 - 3 February 1972)

6.  Following his return to the United States after his service in Vietnam,
he was assigned to Fort Lewis, Washington where he remained until he was
released from active duty on 8 May 1970.  His separation document reflects
entitlement to the National Defense Service Medal, Army Good Conduct Medal,
and service decorations associated with his tour of duty in Vietnam.

7.  His available records, which include copies of two physical
examinations conducted after his tour of duty in Vietnam, make no mention
of any combat incurred wounds.  His name is not among a list of individuals
reported as combat casualties during the Vietnam War and item 40 (wounds)
on his enlisted qualification record is blank.

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.

9.  United States Army Vietnam Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours would be awarded the Purple Heart by the organization to
which the individual was assigned.  Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam would be awarded the Purple
Heart directly by the hospital commander rendering treatment.

10.  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.

11.  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 three designated campaign periods (Vietnam
Counteroffensive Phase VII and Consolidation Campaigns I and II) during the
applicant’s period of assignment.  Three bronze service stars on the
Vietnam Service Medal, which is recorded on his separation document, should
reflect his campaign participation.  The 520th Transportation Battalion was
awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm
during his tenure with that unit and that the 135th Assault Helicopter
Company was awarded a Republic of Vietnam Gallantry Cross Unit Citation
with Palm and a Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation while he was assigned to that unit.  The unit awards were
omitted from his separation document.

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 does confirm that the applicant is entitled to an Aircraft
Crew Member Badge by virtue of having completed training in a 67-career
management field specialty.  His records should be corrected accordingly.

3.  The evidence also shows that the applicant is entitled to three bronze
service stars on his Vietnam Service Medal, two awards of the Republic of
Vietnam Gallantry Cross Unit Citation with Palm and one award of the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
His records should be corrected to reflect those decorations.

4.  The applicant’s separation document reflects the other awards that he
is entitled to by virtue of his service in the Army.  There is no
indication of entitlement to any other “peace time awards, Vietnam peace
time awards.”

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 awarding him the Aircraft Crew Member Badge; and


      b.  by showing that he is entitled to three bronze service stars on
his Vietnam Service Medal, two awards of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and one award of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.

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 the Purple Heart and any other “peace time awards, Vietnam peace
time awards.”




                            ______Melvin Meyer________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009058                           |
|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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