RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         7 JUNE 2005
      DOCKET NUMBER:  AR20040007199


      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             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Ms. Karen Fletcher                |     |Member               |
|     |Mr. Kenneth Wright                |     |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.  In effect, the applicant requests that his record be corrected to show
he was released from active duty because of a physical disability, with a
10 percent disability rating, and that he be awarded a Purple Heart because
of his injury.

2.  The applicant states that he injured his right knee while in Vietnam.
The right knee became dislocated while serving as a helicopter mechanic.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 23 June 1969.  The application submitted in this case is
dated          2 September 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 applicant enlisted in the Army for three years on 16 September
1966, trained as a helicopter mechanic, and April 1967 was assigned to the
           394th Transportation Detachment, 10th Combat Aviation Battalion,
in Vietnam.
In April 1968 he completed his tour of duty in Vietnam and was assigned to
Fort Riley, Kansas.  On 9 June 1969 he requested an early separation from
the Army for the purpose of seasonal employment.  His request was approved
and he was released from active duty at Fort Riley in the pay grade of E-4
on 23 June 1969, under the provisions of Army Regulation 635-200, paragraph
5-21 (seasonal employment).

4.  Prior to his release from active duty, on 19 June 1969, he underwent a
medical examination.  The report of medical examination shows that the
applicant was medically qualified for separation with a physical profile
serial of    1 1 1 1 1 1.  In the report of medical history that he
furnished for the examination, the applicant stated that he was in
excellent health.  In that report he mentioned no injuries or illnesses.
His name is not among a list of individuals reported as combat casualties
during the Vietnam War.

5.  The applicant participated in four campaigns during his tour of duty in
Vietnam, and the 394th Transportation Detachment was awarded the Republic
of Vietnam Gallantry Cross Unit Citation with Palm for its actions while
the applicant was assigned to that unit.

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that
his conduct and efficiency were determined to be excellent in all of his
Army assignments.  His Official Military Personnel File contains no
derogatory information.

7.  Title 10, United States Code, chapter 61, provides disability
retirement or separation for a member who is physically unfit to perform
the duties of his office, rank, grade or rating because of disability
incurred while entitled to basic pay.

8.  Army Regulation 40-501 provides that for an individual to be found
unfit by reason of physical disability, he must be unable to perform the
duties of his office, grade, rank or rating.

9.  Army Regulation 635-40, then in effect, provides that when a member is
being separated by reason other than physical disability, his continued
performance of duty creates a presumption of fitness which can be overcome
only by clear and convincing evidence that he was unable to perform his
duties or that acute grave illness or injury or other deterioration of
physical condition, occurring immediately prior to or coincident with
separation, rendered the member unfit.

10.  Army Regulation 600-8-22 provides 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.

11.  The Army Good Conduct Medal is awarded to individuals who distinguish
themselves by their conduct, efficiency and fidelity during a qualifying
period of active duty enlisted 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.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s service medical records do not indicate any medical
condition incurred while entitled to receive basic pay which was so severe
as to render the applicant medically unfit for retention on active duty.
At the time of the separation physical examination, competent medical
authority determined that the applicant was then medically fit for
retention or appropriate separation.  The applicant himself stated that he
was in excellent health.  He did not indicate that he had any injury or
medical problem at the time of his separation.  Accordingly, the applicant
was separated from active duty for reasons other than physical disability.


2.  Furthermore, the applicant's continued performance of duty raised a
presumption of fitness which he has not overcome by evidence of any
unfitting, acute, grave illness or injury concomitant with his separation.

3.  The applicant did not have any medically unfitting disability which
required physical disability processing.  Therefore, there is no basis for
physical disability retirement or separation.

4.  There is no evidence, and the applicant has not provided any to show
that he was wounded as a result of hostile action.  Consequently, he is not
entitled to award of the Purple Heart.

5.  The applicant participated in four campaigns during his tour of duty in
Vietnam.  He is entitled to award of the Vietnam Service Medal with four
bronze service stars (one for each campaign).

6.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm.

7.  The applicant served his country faithfully and honorably.  He is
entitled to award of the Army Good Conduct Medal.









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___WP__  ___KF  __  ___KW__  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 by award of the Vietnam
Service Medal with four bronze service stars, the Republic of Vietnam
Gallantry Cross Unit Citation with Palm, and the Army Good Conduct 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
physical disability separation with a 10 percent disability rating and
award of the Purple Heart.



                                  _____ William Powers_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007199                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050607                                |
|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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