RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           12 August 2004
      DOCKET NUMBER:  AR2004103689


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Ann Campbell                  |     |Chairperson          |
|     |Mr. James Anderholm               |     |Member               |
|     |Mr. John Infante                  |     |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 DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show award of the
Purple Heart and the Air Medal with "V" Device.

2.  The applicant states that he received these awards and that they were
never recorded on his DD Form 214.  The applicant continues that he was
"recouping" in the hospital when the DD Form 214 was issued and he did not
"check it over." The applicant concluded that he forgot about it after all
of these years.

3.  The applicant provides a copy of his DD Form 214, an award certificate
for the Purple Heart; a copy of 12th Evacuation Hospital General Orders
Number 159, dated 4 August 1967, awarding him the Purple Heart; 1st
Aviation Brigade General Orders Number 5106, dated 20 October 1967,
awarding him the Air Medal (First Oak Leaf Cluster); and a certificate
awarding the him the Air Medal (First Oak Leaf Cluster).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on 10 December 1968, the date that he separated from military service.  The
application submitted in this case is dated 16 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.  The applicant's records show that he enlisted 27 June 1966 for a period
of three years.  He completed combat basic training and advanced individual
training and was awarded the military occupational specialty (MOS) 67N20
(Helicopter Mechanic).  The applicant served a tour of duty in the Republic
of Vietnam during the period 13 January 1967 through 27 August 1967.  The
applicant was honorably separated by reason of permanent disability on
10 December 1968.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with
an effective date of 10 December 1968, shows he was awarded the National
Defense Service Medal, the Vietnam Service Medal, Air Medal (Oak Leaf
Cluster) and the Sharpshooter Badge (Rifle M14).

5.  1st Aviation Brigade General Orders Number 2268, dated 7 June 1967,
awarded the applicant the Air Medal for meritorious achievement while
participating in aerial flight during the period 5 February 1967 through 25
May 1967.

6.  1st Aviation Brigade General Orders Number 5106, dated 20 October 1967,
awarded the applicant the second award of the Air Medal with "V" Device for
heroism while participating in connection with military operations against
a hostile force on 27 July 1967.

7.  1st Aviation Brigade General Orders Number 1153, dated 4 March 1968,
awarded the applicant the third, fourth and fifth award of the Air Medal
for meritorious achievement while participating in aerial flight during the
period 8 June 1967 though 23 July 1967.

8.  The applicant's records contain an award certificate for award of the
Air Medal (First Oak Leaf Cluster).  This certificate is dated 20 October
1967 and is authenticated by the Commanding General of the United States
Army, Vietnam.

9.  The applicant's records contain 12th Evacuation Hospital General Orders
Number 159, dated 4 August 1967, which awarded the applicant the Purple
Heart for wounds received by hostile action, in the Republic of Vietnam, on
3 August 1967.

10. The applicant's records contain an award certificate for award of the
Purple Heart for wounds received in action on 3 August 1967.  This
certificate is dated 4 August 1967 and is authenticated by the Commanding
General of the United States Army, Vietnam.

11.  Review of the applicant's records indicates entitlements to additional
awards and decorations that are not shown on his DD Form 214.

12.  There is no evidence that the applicant received the first award of
the Good Conduct Medal.  There is also 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.

13.  Department of the Army Pamphlet 672-3 shows that at the time of the
applicant's assignment to the 162nd Assault Helicopter Company, it was
cited for award of the Meritorious Unit Commendation based on Headquarters,
Department of the Army General Orders Number 48, dated 1968.

14.  There is no evidence the applicant was authorized permanent wear of
the Aircraft Crew Member Badge at the conclusion of his advanced individual
training in MOS 67N20.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that at the time of the applicant's
assignment to the 162nd Assault Helicopter Company, it was cited for award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Headquarters, Department of the Army General Orders Number 22-68.

16.  Department of the Army Pamphlet 672-3 also shows that at the time of
the applicant's assignment to the 162nd Assault Helicopter Company, it was
cited for award of the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation based on Headquarters, Department of the Army General
Orders Number 59-69.

17.  Army Regulation 600-8-22 provides 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.

18.  Army Regulation 600-8-22 provides that the 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 qualifying period is 3 years.  However, effective 27 June
1950, the qualifying period was modified to include a period of less than 3
years but more than one year when the period for the first award ended 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 600-8-22 provides, in pertinent part, that the
Aircraft Crew Member Badge may be permanently awarded for successful
completion of formal advanced individual training in career management
field 67 MOS’s.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show
that he was awarded the Purple Heart.
2.  The applicant's records contain 12th Evacuation Hospital General Orders
Number 159, dated 4 August 1967, which awarded the applicant the Purple
Heart for wounds received by hostile action, in the Republic of Vietnam, on
3 August 1967.  As a result, the applicant is entitled to correction of his
records to show that he was awarded the Purple Heart for wounds received in
action on 3 August 1967.

3.  The applicant contends that his DD Form 214 should be corrected to show
that he received the Air Medal (First Oak Leaf Cluster) with "V" Device.

4.  General Orders show that the applicant received five awards of the Air
Medal, one of which was with "V" Device.  This award is correctly known as
the Air Medal with Numeral "5" and with "V" Device.  As a result, the
applicant is entitled to correction of his records to show that he was
awarded the Air Medal with Numeral "5" and with "V" Device.

5.  The applicant is entitled to award of the Good Conduct Medal based on
completion of qualifying service from 27 June 1966 through 10 December 1968
ending with the termination of a period of Federal military service.

6.  The applicant was awarded the military occupational specialty 97N20
(Helicopter Mechanic).  Therefore, the applicant is entitled to have his DD
Form 214 corrected to show award of the Aircraft Crew Member Badge.

7.  Records show the applicant's unit was awarded the Meritorious Unit
Citation during his service in Vietnam.  This award was omitted from his DD
Form 214.  Therefore, the applicant is entitled to correction of his DD
Form 214 to add the Meritorious Unit Citation.

8.  General Orders show that the applicant is entitled to award of the
Republic of Vietnam Cross with Palm Unit Citation and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore,
the applicant is entitled to correction of his DD Form 214 to show these
awards.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 December 1968, the date of his
separation; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 9 December 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 there is no
statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

___amc__  __jpi____  _ja _____  GRANT 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 that he was awarded the Purple
Heart for wounds sustained on 3 August 1967, the Air Medal with Numeral "5"
and with "V" Device, the Good Conduct Medal, the Aircraft Crew Member
Badge, the Meritorious Unit Citation, the Republic of Vietnam Cross with
Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation.





            _____Ann Campbell______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103689                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2004/08/12                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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