RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         04 JANUARY 2005
      DOCKET NUMBER:  AR2004104585


      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:

|     |Ms. Karen Heinz                   |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Mr. James Gunlicks                |     |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 award of the Purple Heart.

2.  The applicant states he sustained corneal abrasions to both eyes on
10 March 1967 in Vietnam as a result of a rocket explosion.

3.  The applicant provides a copy of a clinical record cover sheet.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel offers nothing beyond that already submitted by the applicant but
asks that all doubt be resolved in his favor.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 November 1969.  The application submitted in this case
is dated
5 January 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 limitation 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 initially
entered active duty on 26 October 1961 and was discharged for the purpose
of immediate reenlistment in November 1963.

4.  In January 1966 the applicant was assigned to Vietnam.  He was
initially assigned to the 52nd Security Platoon and ultimately, in December
1966, to the 170th Aviation Company.

5.  According to the clinical record cover sheet, provide by the applicant
in support of his request, he was treated for corneal abrasions to both
eyes,




resulting from a rocket explosion on 10 March 1967 near Pleiku, Vietnam.
The document indicates that the applicant’s injuries were the result of
hostile action (IRHA) and that the Purple Heart was not awarded by the
medical treatment facility.  He was hospitalized for 2 days, subsisted
elsewhere for 2 days, and then returned to duty.

6.  There is no indication in available records that the applicant was ever
awarded the Purple Heart.

7.  In August 1967 the applicant departed Vietnam.  Prior to departing
Vietnam, he was awarded 12 awards of the Air Medal.  The awards were
confirmed in orders issued by the 1st Aviation Brigade.  However, the
applicant’s separation document reflects only one award of the Air Medal.

8.  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 campaigns (Vietnam
Counteroffensive, and Vietnam Counteroffensive Phases II and III) 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.  Both of the units the applicant was
assigned to while in Vietnam were awarded the Republic of Vietnam Gallantry
Cross Unit Citation with Palm.  The unit awards were also omitted from his
separation document.

DISCUSSION AND CONCLUSIONS:

1.  The medical treatment form submitted by the applicant indicates that
his eye injuries were the result of hostile action and as such, he is
entitled to an award of the Purple Heart.  His record should be corrected
accordingly.

2.  The evidence also shows that he was awarded 12 awards of the Air Medal.
 However, only one award was recorded on his separation document.  It would
be appropriate to correct his record to show all of his Air Medal awards.

3.  The applicant is entitled to three bronze service stars on his Vietnam
Service Medal and two awards of the Republic of Vietnam Gallantry Cross
Unit Citation with Palm as a result of his service in Vietnam.





BOARD VOTE:

___KH __  ___RD __  ___JG __  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:

      a.  awarding him the Purple Heart for wounds sustained on 10 March
1967;


      b.  showing that he was awarded 12 awards of the Air Medal; and


      c.  showing that he is entitled to three bronze service stars on his
Vietnam Service Medal and two awards of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm.





                            _______Karen Heinz________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104585                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040104                                |
|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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