RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20050000743


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |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, the Combat Infantryman Badge, and the Air Medal (9th Oak Leaf
Cluster).

2.  The applicant states, in effect, that his military records should
reflect the above awards.

3.  The applicant provides a certificate for the Combat Infantryman Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 17 February 1971.  The application submitted in this case is dated 3
January 2005.

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 was inducted on 18 February 1969 and successfully
completed basic training and advanced individual training.  He was awarded
military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant arrived in Vietnam and was assigned to A Company, 1st
Battalion, 506th Infantry on or about 25 July 1969.  He was reassigned to A
Company, 158th Aviation Battalion on or about 22 February 1970 and
apparently was awarded MOS 67A (Aircraft Maintenance Crewman) around the
date.  He departed Vietnam on or about 18 July 1970 after being credited
with participating in four campaigns.

5.  A Standard Form 600 (Chronological Record of Medical Care), dated 7
July 1971 [year entered in error should be 1970] shows that the applicant
was referred to the 326th Medical Battalion for a change to his dressing.
He was treated for a shrapnel wound to his lower right leg 8 days prior by
the 18th Surgical Hospital where he was bandaged and released back to duty.

6.  On 17 February 1971, the applicant was honorably released from active
duty and transferred to the United States Army Reserve after completing 2
years of active creditable service.

7.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal with 2 bronze service stars, the
Vietnam Campaign Medal with Device (1960), the Bronze Star Medal, and the
Aircraft Crewman Badge.

8.  There are no general orders in the applicant’s service personnel
records that show he was awarded the Purple Heart.  There also is no
evidence in his service personnel records that shows that he was treated
for wounds as a result of hostile action in Vietnam.  The applicant's name
is not listed on the Vietnam Casualty Roster.

9.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not show the applicant was wounded, and item 41 (Awards and
Decorations) does not show award of the Purple Heart.

10.  Headquarters, 101st Airborne Division, Special Orders Number 252,
dated 9 September 1969 show that the applicant was awarded the Combat
Infantryman Badge.

11.  Headquarters, 101st Airborne Division, General Orders Number 1465,
dated 9 February 1970 show that the applicant was awarded the Army
Commendation Medal for meritorious service during the period 1 August 1969
through 31 December 1969.

12.  Headquarters, 101st Airborne Division, General Orders Number 8181,
dated 18 July 1970 show that the applicant was awarded the Air Medal (2d
through 8th Award).

13.  There are no general orders in the applicant’s service personnel
records that show he was awarded additional Air Medals.

14.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  His records do not contain any adverse
information and his DA Form 20 shows his conduct and efficiency ratings as
"excellent" throughout his period of service.



15.  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 the 1st Battalion, 506th Infantry, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 3 October 1968 through 2 May 1970 based on
Headquarters, Department of the Army General Orders Number 48, dated 1971.

16.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 158th Aviation Battalion, it was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period 2 February 1969 through 2 May 1970 based on
Headquarters, Department of the Army General Orders Number 48, dated 1971.

17.  Army Regulation 672-5-1 (Military Awards), in effect at the time,
provided policy and criteria concerning individual military decorations.
It stated that the Army Good Conduct Medal was awarded for each 3 years of
continuous enlisted active Federal military service completed on or after
27 August 1940 and, for the first award only, upon termination of service
on or after 27 June 1950 of less than 3 years but more than 1 year.  At the
time, a Soldier's conduct and efficiency ratings must have been rated as
"excellent" for the entire period of qualifying service.

18. Army Regulation 600-8-22 (Military Awards) 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.  This regulation also 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.

19.  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.  This regulation also provides that there is no statute of
limitations on request for award of the Purple Heart.

20.  Army Regulation 600-8-22 provides, in pertinent part, for award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that
show he was awarded the Purple Heart.  The applicant's DA Form 600 shows he
was treated for a shrapnel wound to his right leg and that he was bandaged
and released back to duty.

2.  The applicant's name does not appear on the Vietnam Casualty Roster,
and  the applicant has not provided evidence, such as accounts from his
chain of command at the time or medical personnel who treated his wounds,
that show he was wounded as a result of hostile action.

3.  In the absence of military records which show the applicant was wounded
or treated for wounds as a result of hostile action, there is insufficient
basis for award of the Purple Heart in this case.

4.  There is no evidence in the applicant records that show he was awarded
10 awards of the Air Medal.  However, orders show that he was awarded
8 awards of the Air Medal.  Orders also show award of the Combat
Infantryman Badge and the Army Commendation Medal.  These awards should be
added to his DD Form 214.

5.  It appears the applicant has met the regulatory requirements for award
of the Army Good Conduct Medal for a qualifying period from 18 February
1969 through 17 February 1971.

6.  The applicant was assigned to two separate units during two periods of
time each unit was awarded the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation.  Both awards should be listed on his DD
Form 214.

7.  The applicant’s participation in four campaigns entitles him to four
bronze service stars to be worn on his Vietnam Service Medal.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 February 1971.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on   16 February 1974.  Although the applicant did not
file within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JEV___  __ RJW _  _  RR ___  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:

      a.  awarding him the Army Good Conduct Medal (1st Award) for the
period 18 February 1969 through 17 February 1971; and

      b.  amending his DD Form 214 to show award of the Army Good Conduct,
the Air Medal (Numeral "8"), the Combat Infantryman Badge, the Army
Commendation Medal, the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation (two awards), and four bronze service stars to be worn
on his Vietnam Service 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
award of the Purple Heart or 10 awards of the Air Medal.





                               ___ Mr. James E. Vick __
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000743                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |18 August 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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