RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 February 2005
      DOCKET NUMBER:  AR2004106582


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 that his records be corrected to show that he
was awarded the Purple Heart.

2.  The applicant states, in effect, that he was awarded the Purple Heart.

3.  The applicant provides copies of a June 1967 letter to the 22nd
Aviation Company and a 20 October 1969 National Guard memorandum for record
listing the applicant personal decorations as the Air Medal with 10th Oak
Leaf Cluster and the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 24 June 1967.  The application submitted in this case is dated
29 March 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 records show he served in an enlisted capacity
for 3 years, 4 months and 14 days and was discharged early as an overseas
returnee.  He enlisted for the aviation warrant officer training program
and accepted an appointment as a Reserve warrant officer on 25 June 1964.
After he was released from active duty on 24 June 1967, he affiliated with
the Air National Guard on and off until 1974.

4.  The applicant served in Vietnam from 30 November 1965 to 10 August 1966

with the 220th Aviation Company and from 11 August 1966 to 6 February 1967
with the 125th Air Traffic Control Company.

5.  His 24 June 1967 DD Form 214 (Report of Transfer or Discharge) lists
his authorized awards as the Army Aviator Badge, the Vietnam Campaign
Medal, the Vietnam Service Medal, the National Defense Service Medal and
the Air Medal with 10 Oak Leaf Clusters.

6.  The various available DA Form[s] 66 (Officer Qualification Record[s])
list the same awards as the 1967 DD Form 214.

7.  The 20 September 1969 NGB memorandum that the applicant submitted and a
more legible "FILE" copy located in his Official Military Personnel File
indicate that the information was being compiled for the "Official National
Guard Register (Army).  It asks that discrepancies be reported through the
appropriate State Adjutant General.  His awards are identified as the Air
Medal with 10th Oak Leaf Cluster and the Purple Heart.  There is no
indication of the source of that information.

8.  The June 1967 letter to the 22nd Aviation Company asks for copies of
orders awarding the Purple Heart.  There is an illegible handwritten note
on the document.  There is no copy or associated document in the available
records.

9.  The applicant's Officer Efficiency Report (OER) for the period from
30 November 1965 to 11 June 1966 confirms that he had been wounded while in
action against the enemy.  It indicates that, while he was flying in
Vietnam with the 220th Aviation Company, he was wounded while performing a
combat surveillance mission.  Both the rater and the indorser praised his
actions in remaining on station even though he had been wounded.

10.  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 by a medical officer, and the medical treatment must
have been made a matter of official record.

11.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign listed in Appendix B of
the regulation and states that authorized bronze service stars will be worn
on the appropriate campaign or service medal.  A silver service star is
authorized in lieu of five bronze service stars.  The regulation also lists
the designated campaign periods for which a bronze service star is
authorized for wear on the Vietnam Service Medal.  The applicant served
during the following three campaign periods:  the Vietnam Defense Campaign,
8 March 1965-24 December 1965; Vietnam Counteroffensive, 25 December 1965-
30 June 1966; Counteroffensive Phase II, 1 July 1966-31 May 1967.

12.  Army Pamphlet 672-3, Unit Citation and Campaign Participation Register
shows that 220th Aviation Company was awarded the Meritorious Unit Citation
for the period July 1965 through April 1966, the entire company [less
Company D [service company] was awarded the Presidential Unit Citation for
the period 39 March 1966 through 20 Jan1967 and the Republic of Vietnam
(RVN) Gallantry Cross with Palm Unit Citation Badge for the period 1 March
1967 through 26 March 1967.  The 125th Air Traffic Control Company was
awarded the RVN (RVN) Gallantry Cross with Palm Unit Citation Badge for the
period
1 March 1967 through 26 March 1967 [an individual is authorized to wear
only one].

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show that he was wounded while in action
against an enemy and indicate that he was awarded the Purple Heart,
although the orders are not contained in the available records.

2.  The applicant is also authorized the Presidential Unit Citation, the
Meritorious Unit Commendation and the RVN Gallantry Cross with Palm Unit
Citation Badge.

3.  He was also authorized three bronze service stars for wear on the
Vietnam Service Medal.

BOARD VOTE:

__FE____  __LVB_ _  __JRS __  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 that in addition to the awards
shown on his 1967 DD Form 214 he is also authorized the Purple Heart, three
bronze service Stars for on the Vietnam Service Medal and the RVN Gallantry
Cross with Palm Unit Citation Badge.




                            __     Fred Eichorn____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106582                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050210                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS)                             |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |108.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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