RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 September 2005
      DOCKET NUMBER:  AR20040011560


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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, in effect, that he was awarded a Purple Heart at
the
3rd Field Forces Hospital for wounds he received on 5 December 1969, as a
result of hostile action while serving in Vietnam; however, his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) does
not show the award.

3.  The applicant provides a copy of his Standard Form (SF) 180 (Request
Pertaining to Military Records), dated 12 December 2004, and Veterans
Administration (VA) Form 21-6782 (Original Disability Compensation), in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
1 April 1971, the date of his release from active duty.  The application
submitted in this case is dated 12 December 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 military service record shows that he enlisted in the
U.S. Army on 10 June 1968 as a warrant officer flight applicant.  After
completion of basic combat training and the warrant officer candidate
course, the applicant was discharged on 13 July 1969 to accept an
appointment as a warrant officer.  Upon appointment, he was awarded
military occupational specialty (MOS) 100B (Rotary Wing Helicopter Pilot).

4.  The applicant's military service record shows that he was assigned to
Headquarters and Headquarters Company, 3rd Brigade, 1st Cavalry Division in
Vietnam, from 27 August 1969 through 11 August 1970.  He was released from
active duty in the U.S. Army under honorable conditions on 1 April 1971
after serving a total of 2 years, 9 months, and 23 days.
5.  The applicant's DA Form 66 (Officer Qualification Record), Item 17
(Foreign Service), shows that he served in the Republic of Vietnam from 18
August 1969 through 12 August 1970.  Item 39 (Campaigns) of this document
shows that he participated in the Vietnam Summer-Fall 1969 and Vietnam
Winter-Spring 1970 campaigns.  Item 23 (Qualification in Arms) of the
document shows that he qualified as expert with the M-16 rifle and .38
caliber pistol.

6.  The applicant's DA Form 66 also shows in Item 21 (Awards and
Decorations), that he was awarded the National Defense Service Medal, Army
Aviator Badge, Good Conduct Medal, Vietnam Service Medal, Air Medal (1st
Oak Leaf Cluster) with Valor Device, Republic of Vietnam Campaign Medal
with 60 Device, Bronze Star Medal, and two Overseas Service Bars.

7.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), that he was awarded the National
Defense Service Medal, Army Aviator Badge, Good Conduct Medal, Vietnam
Service Medal, Air Medal (1st Oak Leaf Cluster) with Valor Device, Vietnam
Campaign Medal with 60 Device, and Bronze Star Medal.

8.  The applicant's records contain a copy of Headquarters, 3rd Field
Hospital, General Orders Number 333, dated 6 December 1969, which shows he
was awarded the Purple Heart for wounds received in action on 5 December
1969. The applicant's name is also listed on the Vietnam Casualty Roster.

9.  The applicant provides a copy of his DD Form 214; a SF 180, and his VA
Form 21-6782, which shows award of disability compensation for service-
connected conditions (i.e., wound left arm, residuals; and scar, chest)
with a combined evaluation by the VA of 30 percent.

10.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

11.  The applicant's record contains a copy of Headquarters, 1st Cavalry
Division (Airmobile), General Orders Number 14721, dated 11 August 1970,
which shows that he was awarded the Distinguished Flying Cross for heroism
while participating in aerial flight in the Republic of Vietnam on 24 June
1970.

12.  The applicant's record contains a copy of Headquarters, 1st Cavalry
Division (Airmobile), General Orders Number 14016, dated 5 August 1970,
which shows that he was awarded the Air Medal (Second thru Thirty-Ninth
Awards).

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in four campaigns during his service in Vietnam.
 This document shows that the applicant participated in the following
campaigns:  Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, DA
Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.

14.  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 that, at the time of the
applicant's assignment to Headquarters and Headquarters Company, 3rd
Brigade, 1st Cavalry Division [Vietnam], the unit was cited for award of
the Republic of Vietnam Gallantry Cross with Palm unit citation by
Headquarters, Department of the Army, General Orders Number 11, 1973, as
amended by Headquarters, Department of the Army General Orders Number 42,
1972.  This document also shows that the unit was cited for award of the
Republic of Vietnam Civil Actions Honor Medal First Class unit citation by
Headquarters, Department of the Army, General Orders Number 42, 1972.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
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.  There is no statute of limitations governing requests
for award of the Purple Heart.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Distinguished Flying Cross.  The regulation states that the Distinguished
Flying Cross is awarded to any person who, while serving in any capacity
with the Army of the United States, distinguished himself or herself by
heroism or extraordinary achievement while participating in aerial flight.
The performance of the act of heroism must be evidenced by voluntary action
above and beyond the call of duty.  The extraordinary achievement must have
resulted in an accomplishment so exceptional and outstanding as to clearly
set the individual apart from his or her comrades or from other persons in
similar circumstances.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.






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.  This document also shows that Arabic numerals are now used instead
of oak leaf clusters for the second and succeeding awards of the Air Medal.
 In the way of example, the numeral 2 denotes the second award of the Air
Medal.  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, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A service star is worn on the
Vietnam Service Medal to denote an additional award for participation in a
campaign.

19.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross unit citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

20.  Army Regulation 600-8-200 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class unit citation is
awarded by the Vietnamese government as a unit award for meritorious
service.

21.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.





22.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to
28 March 1973.  Both the month of arrival and the month of departure from
Vietnam are counted as whole months for credit toward the Overseas Service
Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  The applicant contends, in effect, that he was awarded a Purple Heart
while he was at the 3rd Field Forces Hospital being treated for wounds he
received on 5 December 1969, as a result of hostile action while serving in
Vietnam.

3.  General Orders awarded the applicant the Purple Heart.  Therefore, he
is entitled to correction of his records to show award of the Purple Heart.

4.  General Orders awarded the applicant the Distinguished Flying Cross.
Therefore, he is entitled to correction of his records to show this award.

5.  General Orders awarded the applicant the Air Medal (Second thru Thirty-
Ninth Awards).  Therefore, he is entitled to correction of his records to
show these additional awards of the Air Medal.

6.  Records show that the applicant served in four campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of
four bronze service stars to be affixed to his Vietnam Service Medal.

7.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm unit citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

8.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class unit citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

9.  Records show that the applicant qualified as expert with the M-16 rifle
and .38 caliber pistol.  Therefore, it would be appropriate to correct his
records to show award of the Expert Marksmanship Qualification Badge with
rifle and pistol bars.

10.  Records show that the applicant served a total of 12 months in
Vietnam.  Therefore, he is entitled to correction of his records to show
award of two Overseas Service Bars.

11.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 April 1971, the date of his release
from active duty; therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 31 March 1974.
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:

___SK __  ___BJE__  __RTD__  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 showing award of the Purple Heart, the
Distinguished Flying Cross, the Air Medal with numeral "39" and "V"
device, the Vietnam Service Medal with four bronze service stars, the
Republic of Vietnam Gallantry Cross with Palm unit citation, the Republic
of Vietnam Civil Actions Honor Medal First Class unit citation, the Expert
Marksmanship Qualification Badge with Rifle and Pistol Bars, and two
Overseas Service Bars.



                                  _____ Stanley Kelley________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040011560                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050901                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19710401                                |
|DISCHARGE AUTHORITY     |DA Msg ODCSPER-PS&T 011631Z Dec 70      |
|DISCHARGE REASON        |Released From Active Duty               |
|BOARD DECISION          |GRANT PLUS)                             |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.000                            |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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