RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 August 2005
      DOCKET NUMBER:  AR20040009399


      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. John Slone                    |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 correction of his records to show award of the
Purple Heart and the appropriate oak leaf clusters for his Air Medal.

2.  The applicant provides:


      a.  A copy of his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge).


      b.  An undated photograph.


      c.  A copy of 2 Western Union Telegrams.

      d.  A letter from the 120th Assault Helicopter Company, Combat
Aviation Battalion.

      e.  A citation for award of the Air Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 July 1970.  The application submitted in this case is dated
25 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.  The applicant’s record shows he enlisted in the Regular Army and
entered active duty on 31 July 1969.  He was trained in and awarded
military occupational specialty (MOS) 51B20 (Carpenter) and the highest
rank he attained while serving on active duty was specialist four.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 5 January 1968 through
8 February 1969.  It further shows that during this RVN tour, he was
assigned to
Headquarters and Headquarters Company, 184th Ordnance Battalion and the
120th Aviation Battalion, performed duties in MOS 51B20 as a carpenter and
in the MOS 67A1F (Machine Gunner).

5.  Item 40 (Wounds) of the applicant’s DA Form 20 contains no entry, which
indicates he was not wounded or injured in action while serving on active
duty.
Item 41 (Awards and Decorations) lists the following awards he earned
during his active duty tenure: National Defense Service Medal (NDSM), Air
Medal, Vietnam Service Medal (VSM), RVN Campaign Medal with 1960 Device,
and 2 Overseas Bars.

6.  The applicant's military personnel records contain General Orders
Number 6425, Headquarters, 1st Aviation Brigade, dated 17 September 1968
which awarded the applicant the Air Medal with for meritorious achievement
while participating in aerial flight for the period 6 through 13 August
1968.

7.  The applicant’s records contain General Orders Number 34, Headquarters,

3rd Field Hospital, dated 1 February 1969.  These orders show that the
applicant was awarded the Purple Heart for wounds received in connection
with military operations against a hostile force on 23 January 1969.

8.  The applicant’s records contain General Orders Number 1673.
Headquarters, 1st Aviation Brigade, dated 14 April 1969 which awarded the
applicant the Air Medal (First and Second Oak Leaf Cluster) for meritorious
achievement while participating in aerial flight for the period 16 August
1968 through 16 November 1968.

9.  The applicant’s medical records, dated 23 June 1970 show that he was
wounded in RVN as the result of a helicopter crash and sustained a broken
right ankle.

10.  On 30 July 1970, the applicant was honorably separated after
completing 3 years of active military service.  The DD Form 214 he was
issued shows, in Item 24 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) shows that he earned
the following awards:  NDSM, Air Medal, VSM with 4 bronze stars, RVN
Campaign Medal with 1960 Device, 2 Overseas Bars, Marksman Qualification
Badge (Rifle M-14), Sharpshooter Qualification Badge (Rifle M-16

11.  The applicant’s name is listed on the Vietnam Casualty Roster.



12.  The applicant provided Western Union Telegram which stated that the
applicant was slightly wounded in Vietnam on 24 January 1969 as a result of
hostile action.  The telegram further stated that the applicant was a
gunner on a military aircraft on a combat operation when the aircraft was
hit by hostile ground fire and crashed but did not burn.

13.  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.
 The applicant's military records do not show indiscipline or lost time.
His records show that his conduct and efficiency were rated "excellent"
throughout his service.

14.  Army Regulation 600-8-22 (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.

15.  Paragraph 2-13 of the awards regulation contains guidance on award of
the Vietnam Service Medal.  It states, in pertinent part, that a bronze
service star is authorized with this award for each RVN campaign a member
is credited with participating in while serving in the RVN.  Table 2-1
contains a list of authorized campaigns and it shows that during his
assignment tenure, the applicant was credited with participating in the
Vietnam Counteroffensive Phase III, the Tet Counteroffensive, the Vietnam
Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V,
Counteroffensive Phase VI campaigns.

16.  Army Regulation 600-8-22 (Military Awards) states that one bronze
service star is worn on the appropriate service medal for each campaign
participation credit.  One silver service star is worn in lieu of five
bronze service stars.

17.  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.

18.  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.

19.  Chapter 4 of the awards regulation prescribes the policy for award of
the
Army Good Conduct Medal.  It states, in pertinent part, that 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.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.

20.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit.  This document shows the unit to which the applicant
was assigned, Headquarters and Headquarters Company, 184th Ordnance
Battalion, was cited for award of the Meritorious Unit Commendation and RVN
Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  In order to support award of the Purple Heart, there must be evidence
to show a member was wounded in action, was treated for the wound and a
record of this treatment must have been made a matter of official record.

2.  General Orders 34, dated 1 February 1969 show the applicant received
wounds as a result of hostile action on 23 January 1969.  The applicant’s
name is listed on the Vietnam Casualty Roster.  Therefore, the applicant’s
records should be corrected to show award of the Purple Heart for wounds
sustained as a result of hostile action on 23 January 1969.

3.  General Orders show that the applicant received his first award of the
Air Medal based on General Orders Number 6425, dated 17 September 1968.
The applicant subsequently received award of the Air Medal based on General
Orders 1673, dated 14 April 1969 which awarded him the Air Medal with First
and Second Oak Leaf Cluster.  Therefore, his records should be corrected to
reflect award of the Air Medal with Numeral 2.

4.  The applicant's record shows that he received "Excellent" conduct and
efficiency ratings at all of his active duty assignments.  Further, his
record is void
of any derogatory information or a specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award the applicant the first award of the Army Good Conduct Medal, for
his qualifying period of honorable active duty service from 31 July 1967
through
30 July 1970.
5.  The record also shows that based on his service and campaign
participation the applicant is entitled to the Meritorious Unit
Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.  Therefore, it would be appropriate to correct his records to
show these awards.

6.  The applicant participated in five campaigns during his service in
Vietnam and is authorized to wear a silver service star on his Vietnam
Service Medal.  His DD Form 214 should be corrected to reflect this fact.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 July 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
29 July 1973.  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 there is no statute of limitations on requests for award
of the Purple Heart.

BOARD VOTE:

___DJ___  __JNS   _  __MJF       GRANT FULL RELIEF

________  ________  ________  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 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 the Purple Heart for wounds received on 23 January 1969
while serving in Vietnam;

      b.  awarding the Air Medal with Numeral 2.

      c.  awarding the first award of the Army Good Conduct Medal, for
qualifying honorable active duty service from 31 January 1967 through
30 July 1970,

      d.  showing that based on his Vietnam service and campaign
participation, he is entitled to the Meritorious Unit Citation, the
Republic of Vietnam Campaign Medal, and a silver service star to be worn on
his Vietnam Service Medal.




                               ____John N. Slone____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009399                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050811                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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