RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050002218


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. Faught               |     |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 he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was wounded while serving as a
door gunner aboard a helicopter in Vietnam.

3.  The applicant provides copies of a personal statement, a letter from a
fellow service member and his DD Form 214 (Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 May 1969, the date of his separation from active duty.  The
application submitted in this case is dated 21 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 records show that the applicant entered active duty on 29 August
1966, completed training, and was awarded the military occupational
specialty (MOS) 67N (Helicopter Repairman).

4.  The applicant's service medical records are on permanent loan to the
Department of Veterans Affairs and as such are not available to the Board.

5.  The applicant served in Vietnam from 21 March 1967 through 17 November
1967 with the 393rd Transportation Corps Detachment and from 18 November
1967 through 29 October 1968 with the 128th Assault Helicopter Company,
11th Aviation Battalion.

6.  The applicant was advanced to specialist five (SP-5) on 8 June 1968.



7.  A Standard Form 88 (Report of Medical Examination), completed at the
time of the applicant's separation, indicates that the examining physician
noted that the applicant's records indicated he had sustained a shrapnel
wound to the right side of his jaw in April 1968 and had "rocket caps"
imbedded in both knees.

8.  The DA Form 20 (Enlisted Qualification Record) lists the applicant's
awards as the Air Medal, the National Defense Service Medal, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal with "1960" Device,
and the Aircraft Crewmember Badge.  It records his conduct and efficiency
ratings as excellent exclusively and that he participated in three
campaigns.  The block 40 (Wounds) is blank.

9.  The applicant was honorably separated on 28 May 1969.  His DD Form 214
lists his awards as the Bronze Star Medal, the Air Medal with 27 Oak Leaf
Clusters, the National Defense Service Medal, the Vietnam Service Medal
with three bronze service stars, the Republic of Vietnam Campaign Medal
with "1960" Device, the Sharpshooter Badge with Rifle Bar, and the Aircraft
Crewmember Badge.

10.  The letter from the maintenance officer, who served with the
applicant, states that debris, including discarded metal links from
ammunition and spent fin retention/ignition contacts (rocket caps), from
weapons systems were often ejected with sufficient force to dent and
rupture the metal skin of the aircraft and injure crewmembers.  He states
he witnessed the applicant being hit by metal fragments from either enemy
fire or the spent cartridges and debris from their own weapons.  He does
not remember a specific date but does recall one specific instance where a
wound from the debris became infected and forced the applicant to be
grounded for several days.  He recalls the applicant was treated for this
wound by personnel from the 432nd Medical Detachment.

11.  Army Regulation 672-5-1 (Military Awards), paragraph 2-15.1 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.

12.  Army Regulation 600-8-22, chapter 4, states 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 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.  A record of punishment is not automatically
disqualifying.  However, at that time, a single efficiency rating of less
than excellent was disqualifying.  Although there is no automatic
entitlement to the Good Conduct Medal, disqualification must be justified.
Current practice requires that the commander provide written notice of
nonfavorable consideration and permits the individual to respond.  At that
time, a disqualification was normally noted on the DA Form 20.

13.  Army Regulation 600-8-22 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.  Based on the applicant's
dates of service in Vietnam, Appendix B indicates he participated during
the following four campaign periods: the Counteroffensive Phase II, 1 July
1966 – 31 May 1967; the Counteroffensive Phase III, 1 June 1967 –
29 January 1968; the Tet Counteroffensive, 30 January 1968 – 1 April 1968;
the Counteroffensive Phase IV, 2 April 1968 – 30 June 1968; and the
Counteroffensive Phase V, 1 July 1968 – 1 November 1968.

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 while the applicant was
assigned to the 393rd Transportation Corps Detachment it was cited for
award of the Meritorious Unit Commendation and while assigned to the 128th
Assault Helicopter Company, 11th Aviation Battalion it was cited for award
of the Republic of Vietnam Cross of Gallantry with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The statements from both the applicant and the maintenance officer
indicate that the applicant's wounds were the result of his being struck by
debris from their own weapons systems while engaged in action against an
enemy.

2.  The statements of individuals are inadequate as the sole basis for an
award of the Purple Heart because they do not fulfill the regulatory
requirement that there be a record of medical treatment.  However, they are
normally accepted as a substantiation of the combat or the enemy origin of
a wound for which there is a record of treatment.


3.  These statements combined with the notation by the examining physician
on the applicant's separation examination, clearly indicates that the
applicant sustained wounds in actions against an enemy, that the wounds
required treatment, and the medical treatment had been made a matter of
official record.  Therefore, it is appropriate to award the applicant the
Purple Heart.

4.  The applicant distinguished himself by his conduct, efficiency and
fidelity as evidenced by his combat service, his conduct and efficiency
ratings, his personal decorations, and his promotion to E-5.  The record
contains no indication of any disqualifying incidents or recommendations.
It is appropriate to award the applicant the Good Conduct Medal for his
period of service from 29 August 1966 to 28 May 1969.

5.  The applicant served in Vietnam during four campaign periods and is
authorized to wear four bronze service stars on the Vietnam Service Medal.

6.  The applicant's record does not reflect that in addition to the awards
listed on his DD From 214, the applicant is also authorized the Meritorious
Unit Commendation, and the Republic of Vietnam Cross of Gallantry with Palm
Unit Citation.


BOARD VOTE:

__JBG __  _RTD ___  __SWF _  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 awarding the applicant the
Purple Heart, for wounds sustained in April 1968, and the Good Conduct
Medal, for the period 29 August 1966 to 28 May 1969.

2.  The Board further determined that, in addition to the awards listed on
his DD Form 214, the applicant is also authorized the Meritorious Unit
Commendation, and the Republic of Vietnam Cross of Gallantry with Palm Unit
Citation.





                            __      Richard T. Dunbar_________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002218                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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