RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 September 2005
      DOCKET NUMBER:  AR20050004567


      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. John Slone                    |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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.

2.  The applicant states, in effect, that a helicopter was fired upon as it
came into a hostile landing zone causing the main blade to cut a branch
from a tree throwing it into his back and knee.  He further states that he
was taken out of the area by the same helicopter and received medical
treatment.

3.  The applicant provides an eyewitness statement from a former fellow
Soldier of his unit, dated 4 March 2001.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 June 1971.  The application submitted in this case is dated
16 March 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 in the Army on 17 June 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 C Company, 2nd
Battalion, 7th Cavalry on 20 November 1969.  He departed Vietnam on or
about 3 November 1970 after being credited with participating in three
campaigns.

5.  On 25 June 1971, the applicant was honorably released from active duty
and transferred to the United States Army Reserve Control Group.

6.  A DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) for the period ending 25 June 1971 shows he was awarded the
Vietnam Service Medal with 2 bronze service stars, the Vietnam Campaign
Medal with Device (1960), the National Defense Service Medal, the Army
Commendation Medal (2nd Award), the Bronze Star Medal with "V" Device, the
Bronze Star Medal (2nd Award), the Air Medal, the Sharpshooter Marksmanship
Qualification Badge (M-14), and the Marksman Marksmanship Qualification
Badge (M-16).

7.  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 wounded or
treated for wounds as a result of hostile action in Vietnam.  The
applicant's name is not listed on the Vietnam Casualty Roster.

8.  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.

9.  The applicant's Army Medical Treatment Records are unavailable.

10.  Headquarters, U.S. Army Training Center Engineer and Fort Leonard Wood
General Orders Number 77, dated 11 June 1971 shows that the applicant was
awarded the Good Conduct Medal during the period 25 June 1969 through
24 June 1971.

11.  The applicant submitted an eyewitness statement from a former fellow
Soldier assigned to his unit, dated 4 March 2001.  The author stated, in
effect, that in August or September of 1970 a helicopter that was
delivering supplies was coming in for a landing.  As the helicopter came
into the landing zone its blade struck a tree branch and the branch hit the
applicant in the back and leg.  After the helicopter was unloaded the
applicant was airlifted to the rear.  The author further stated that the
applicant's injuries where bad enough for him to be kept in the rear area
for several weeks to recuperate.

12.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
   U. S. Army Vietnam and its subordinate units during the period 20 July
1965 to 28 March 1973.

13.  Army Regulation 600-8-22 (Military Awards) 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.

14.  Army Regulation 600-8-22 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.  When
contemplating an award of this decoration, the key issue that commanders
must take into consideration is the degree to which the enemy caused the
injury.  The fact that the proposed recipient was participating in direct
or indirect combat operations is a necessary prerequisite, but is not sole
justification for award.  This regulation also provides that there is no
statute of limitations on request for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that
show he was awarded the Purple Heart.  There is no evidence in the
available records and the applicant has not provided evidence that shows
his injury was a result of hostile action.  The eyewitness statement
submitted by a former fellow Soldier confirms that the applicant was hit in
his back and leg by a branch after a helicopter struck a tree.  However,
the former fellow Soldier did not mention that the helicopter was under
hostile fire at the time of the landing.

2.  The applicant's commander at the time of the incident must have been
aware of the aircraft incident as well the severity of the applicant's
injury and medical treatment.  Apparently the commander did not find it
appropriate at that time to recommend the applicant for award of the Purple
Heart.

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

4.  The evidence of record confirms that the applicant served in Vietnam.
Therefore, he is eligible for award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.  His participation in three campaigns
entitles him to three bronze service stars to be worn on his Vietnam
Service Medal.  His DD Form 214 should be amended to add these awards.

5.  Evidence of record shows that the applicant was awarded the Army Good
Conduct Medal.  His DD Form 214 should be amended to add this award.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 June 1971.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 24 June 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.

7.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant’s records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__SL _ __  __ENA __  __ CAK _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

2.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show the Army Good Conduct Medal, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service
stars to be worn on his Vietnam Service Medal.




                                  _____John Slone    _____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050004567                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |15 September 2005                       |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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