RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 June 2005
      DOCKET NUMBER:  AR20040005880


      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. Prevolia Harper               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy, Jr.  |     |Member               |
|     |Ms. Marla J. N. Troup             |     |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 that while participating in combat actions during
"Operation Billings" he was attempting to rescue a wounded comrade who was
lying beside what he assumed was a dead enemy.  He further states that as
he grabbed on to the wounded Army Soldier, the enemy swung around with a
knife and cut his left arm.

3.  The applicant continues that as he grabbed for his knife, the enemy
again lunged and stabbed him in his right side.  The applicant explains
that he then killed the enemy and got the wounded Army comrade to the
helicopter and then he grabbed a weapon and ammunition and headed to a tree-
line for cover.  He continues that a passing medic who saw the blood
treated his wounds.

4.  The applicant states that his wounds were not very deep and healed
without further medical attention.  He further states that he was told that
he was eligible for the Purple Heart and that it would be awarded at some
point; however, he never received it.  The applicant continues that he was
wounded in combat and actually deserves to be awarded the Purple Heart
based on the injuries he received.

5.  The applicant provides a copy of General Orders Number 6592,
Headquarters, 1st Infantry Division, dated 11 September 1967 and a
Department of Veterans Affairs (DVA) VA Form 21-4138 (Statement in Support
of a Claim) in support of his application.  The applicant also states that
he provides a medical diagram; however, this document was not included
with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
6 August 1968, the date of his separation from active service.  The
application submitted in this case is dated 6 October 2003.

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.  The applicant was inducted into the Army of the United States on 11
August 1966.  He completed basic and advanced individual training and was
awarded the military occupational specialty 11B10 (Light Weapons
Infantryman).  He served in Vietnam with the 1st Infantry Division from 1
April 1967 to 24 April 1968.

4.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
(Armed Forces of the United States Report of Transfer or Discharge) which
he authenticated in his own hand, does not show the award of the Purple
Heart.

5.  There are no General Orders in the available records which show that
the applicant was awarded the Purple Heart.  There is also no evidence in
his records that shows he wounded or treated for wounds as a result of
hostile action.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show any entry in item 40 (Wounds).  Item 41 (Awards and Decorations) of
this form does not show the Purple Heart.

7.  The applicant's name is not listed on the Vietnam Casualty Roster.

8.  There are no medical records contained in the applicant's military
personnel file.  Documents in his service personnel records indicate that
his medical records were loaned to the DVA.

9.  The applicant provided a copy of General Orders Number 6592,
Headquarters
1st Infantry Division, dated 11 September 1967.  These orders show that the
applicant was awarded the Army Commendation Medal with "V" Device for his
actions on 18 June 1967.

10.  General Orders 6592 contained a narrative which described the
applicant's actions for which he was awarded the Army Commendation Medal
with "V" Device.  The narrative stated that the applicant's unit was
participating in an airmobile cordon in the village of Chanh Long during
Operation Billings.  Several enemy troops were seen fleeing the area as the
applicant's fire team approached the landing site and were subjected to
intensive small arms and automatic weapons fire from a well fortified Viet
Cong force.





11.  The narrative also stated that the applicant unhesitatingly moved to a
forward position from which he could deliver maximum firepower on the
insurgent positions.  The narrative continued that the applicant observed a
wounded comrade lying unconscious in the Viet Cong kill zone, ran to the
man and
administered first aid and dragged him to safety.  He then returned to the
point of the heaviest contact and participated in the assault against the
insurgents and the Viet Cong retreated in complete disorder.  This citation
does not show that the applicant was wounded as a result of his heroic
actions.

12.  The applicant submitted a DVA DA Form 21-413B (Statement in Support of
Claim).  This document shows that the applicant provided a statement in
support of his claim in which he described the events and injury he
received during a battle in Vietnam while rescuing an injured comrade.

13.  The applicant's record shows that he was awarded the Air Medal with
Numeral "8" and with "V" Device.  However, this award is only shown as the
Air Medal on the applicant's DD Form 214.

14.  A review of the applicant's records indicates entitlements to
additional awards and decorations which are not shown on his DD Form 214.

15.  Records show that the applicant participated in the Vietnam
Counteroffensive Phase II (1 July 1966 to 31 May 1967), the Vietnam
Counteroffensive Phase III (1 June 1967 to 29 January 1968), and the Tet
Counteroffensive (30 January 1968 to 1 April 1968).  The applicant's award
of the Vietnam Service Medal does not show bronze service stars to indicate
credit for these campaigns.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the unit to which the applicant
was assigned,
the 1st Squadron, 4th Cavalry, was cited for the Valorous Unit Award based
on Department of the Army General Orders Number 31, dated 1969.

17.  Department of the Army Pamphlet 672-3 also shows that the 1st
Squadron, 4th Cavalry, was cited for award of Republic of Vietnam Gallantry
Cross Unit Citation with Palm based on Department of the Army General
Orders Number
21, dated 1969.

18.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of "excellent" throughout his service.  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.  Although
there is no automatic entitlement to the Good Conduct Medal,
disqualification must be justified.

19.  Army Regulation 800-8-22 (Military Awards) provides, in pertinent
part, 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.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the Air
Medal is awarded in time of war for heroism and for meritorious achievement
or service while participating in aerial flight.  This award is primarily
intended for personnel on flying status, but may also be awarded to those
personnel whose combat duties require them to fly, for example personnel in
the attack elements of units involved in air-land assaults against an armed
enemy.  As with all personal decorations, formal recommendations, approval
through the chain of command, and announcement in orders are required.

21.  Army Regulation 600-8-22 provides, in pertinent part, that Arabic
numerals are now used instead of oak leaf clusters for the second and
succeeding awards of the Air Medal.  The numeral 2 denotes the second award
of the Air Medal.

22.  Army Regulation 600-8-22, provides, in pertinent part, for award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show
award of the Purple Heart.

2.  There are no orders or other evidence which shows that the applicant
was awarded the Purple Heart or was wounded or treated for injuries as a
result of hostile action.  The applicant submitted no evidence that shows
he was wounded or treated for injuries as a result of hostile action.

3.  Records also show that the applicant authenticated his DD Form 214
covering his service in Vietnam.  This DD Form 214 did not show award of
the Purple Heart.

4.  General Orders Number 6592 shows that the applicant courageously
rescued a wounded comrade during an intense battle in Vietnam.  However,
this award citation does not show that the applicant was wounded as a
result of hostile action.  While the applicant displayed courage and
bravery by rescuing a fallen comrade and his actions are commendable, this
citation makes no mention of him being wounded and is insufficient evidence
to support award of the Purple Heart in this case.

5.  In the absence of records that show he was wounded or treated for
wounds or injuries as the result of hostile action, there is insufficient
evidence upon which to base award of the Purple Heart to the applicant.

6.  Evidence of record shows that the applicant is entitled to award of the
Air Medal with Numeral "8" with "V" Device.  Therefore he is entitled to
correction of his records to show this award.

7.  The applicant is entitled to the first award of the Good Conduct Medal
based on completion of qualifying service from 11 August 1966 to 6 August
1968 ending with termination of a period of Federal military service.

8.  The applicant is entitled to the Valorous Unit Award based on
Department of the Army General Orders Number 31, dated 1969.  Therefore, he
is entitled to correction of his military records to show this award.

9.  The applicant is also entitled to award of the Republic of Vietnam
Gallantry Unit Citation with Palm based on Department of the Army General
Orders Number 21, dated 1969.  Therefore, he is entitled to correction of
his DD Form 214 to show this award.

10.  The applicant is entitled to award of three bronze service stars to be
worn on his Vietnam Service Medal.  These awards are based on his
participation in three campaigns during his Vietnam service.

11.  Records show that the applicant should have discovered the alleged
error or injustice now under consideration on 6 August 1968; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on 5 August 1971.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file based on the fact that there is no statute of
limitations on requests for award of the Purple Heart.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__re____  __teo___  __mjnt__  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by:

      a.  awarding the Good Conduct Medal for qualifying service from
11 August 1966 to 6 August 1968;

      b.  amending his DD Form 214 with an effective date of 6 August 1968
to delete the Air Medal and adding the Air Medal with Numeral "8" and with
"V" Device; and

      c.  adding the Valorous Unit Award, the Republic of Vietnam Gallantry

Cross Unit Citation with Palm, and three bronze service stars to be worn on
his already awarded Vietnam Service Medal.

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
the Purple Heart.




                                        Fred Eichorn
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005880                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050602                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0056                                |
|3.                      |107.0018                                |
|4.                      |107.0094                                |
|5.                      |                                        |
|6.                      |                                        |


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