RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 November 2005
      DOCKET NUMBER:  AR20050004763


      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. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Joe R. Schroeder              |     |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 awards of the
Senior Aviator Badge, the Distinguished Flying Cross, and the Purple Heart
(2nd Award).

2.  The applicant states, in effect, that the above awards are not on his
DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) for the period ending 31 March 1973.

3.  The applicant provides a DD Form 214 with the period ending 31 March
1973; Headquarters, 1st Cavalry Division General Orders Number 2595, dated
29 July 1966; and a DD Form 759 (Individual Flight Record and Flight
Certificate - Army), dated 17 February 1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 March 1973.  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 enlisted in the Regular Army on 15 July 1952.  He was
honorably separated on 17 October 1963.  On 18 October 1963, the applicant
was appointed as a Warrant Officer in the U.S. Army Reserve and entered
active duty.  He was released from active duty on 9 August 1966.  His DD
Form 214 for the period ending 9 August 1966 is not available.  He was
ordered to active duty on 10 February 1967.

4.  The applicant arrived in Vietnam and was assigned to the 1st Squadron,
9th Cavalry on or about 16 August 1965 where he performed duties as a
Rotary Wing Aviator.  He departed Vietnam on or about 29 July 1966 after
being credited with participating in three campaigns.  The applicant
returned to Vietnam on or about 4 April 1968 and was assigned to the 114th
Aviation Company where he performed duties as a Rotary Wing Instructor.  He
departed Vietnam on or about 1 May 1968 after being credited with
participating in one campaign.  He retired on 31 March 1973.

5.  The applicant's DD Form 214 for the period ending 31 March 1973 shows
he was awarded the Master Parachutist Badge and the Marksmanship
Qualification Badge (M-16 Rifle).

6.  The applicant's name appears on the Vietnam Casualty Roster twice for
receiving wounds from hostile forces on 3 July 1966 and 18 April 1968.  In
both cases, his casualty status was listed as hostile wounded in action
(not serious/hospitalized).

7.  Headquarters, 5th Special Forces Group, 1st Special Forces General
Orders Number 18, dated 6 July 1962, show that the applicant was awarded
the Army Good Conduct Medal (3rd Award) for the period 6 July 1959 through
5 July 1962.

8.  Headquarters, 11th Air Assault Division Special Orders Number 103,
dated
27 April 1964, show that the applicant was awarded the Marksman
Marksmanship Qualification Badge (.45 Caliber Pistol).

9.  Headquarters, 1st Cavalry Division General Orders Number 15, dated
1 January 1966, show that the applicant was awarded the Bronze Star Medal
with "V" Device for heroism in connection with military operations against
hostile forces on 3-4 November 1965.

10.  Headquarters, 1st Cavalry Division General Orders Number 2595, dated
29 July 1966, show that the applicant was awarded the Distinguished Flying
Cross for exceptional heroism in connection with military operations
against hostile forces on 30 March 1966.

11.  Headquarters, 1st Cavalry Division General Orders Number 2969, dated
23 August 1966, show that the applicant was awarded the Air Medal
(Sixteenth Oak Leak Cluster) for the period 26 April 1966 through 3 May
1966.

12.  Headquarters, 1st Cavalry Division General Orders Number 2996, dated
24 August 1966, show that the applicant was awarded the Army Commendation
Medal for meritorious service during the period 20 November 1963 through
30 June 1965.

13.  Headquarters, 3rd Field Hospital General Orders Number 57, dated
22 April 1968, show that the applicant was awarded the Purple Heart (2nd
Award) for wounds received in connection with military operations against a
hostile force on 18 April 1968.
14.  Item 40 (Wounds) of the applicant's DA Form 66 (Officer Qualification
Record) shows in Item 23 (Qualification in Arms) that he qualified for
award of the Expert Marksmanship Qualification Badge (M-16) on 2 May 1969.


15.  Headquarters, XVIII Airborne Corps and Fort Bragg Special Orders
Number 38, dated 25 February 1971, show that the applicant was awarded the
Senior Army Aviation Badge.

16.  Headquarters, 269th Aviation Battalion Special Orders Number 092,
dated
4 June 1971, show that the applicant was awarded the Sharpshooter
Marksmanship Qualification Badge (.38 Caliber Pistol).

17.  Headquarters, XVIII Airborne Corps and Fort Bragg General Orders
Number 40, dated 30 March 1973, show that the applicant was awarded the
Meritorious Service Medal for meritorious service during the period 9
September 1970 through 31 March 1973.

18.  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 114th Aviation Company it was awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
27 March 1967 through 18 May 1968 by Department of the Army General Orders
Number 46, dated 1969.

19.  Army Regulation 672-5-1 (Military Awards) provides that the National
Defense Service Medal is awarded for honorable active service for any
period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14
August 1974, inclusive.  This regulation also provides, that to signify a
second award of the National Defense Service Medal, an oak leaf cluster
will be worn on the service ribbon.

20.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Vietnam Service Medal.  This medal is awarded to all
members of the Armed Forces of the United States for qualifying service in
Vietnam after
3 July 1965 through 28 March 1973.  Qualifying service included attachment
to or assignment for 1 or more days with an organization participating in
or directly supporting military operations.

21. 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 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.

22.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal with Device (1960).  This medal was awarded by the
Government of Vietnam to all members of the Armed Forces of the United
States for qualifying service in Vietnam during the period 1 March 1961
through 28 March 1973.  Qualifying service included assignment in Vietnam
for 6 months or more.  Qualifying service outside the geographical limits
of the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam and Armed Forces.  Individuals who had
qualified for award of the Vietnam Service Medal or the Armed Forces
Expeditionary Medal and were evacuated prior to completing six months of
service due to wounds resulting from hostile action were entitled to award
of the Vietnam Campaign Medal with Device (1960).

23.  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.  The applicant's name appears on the Vietnam Casualty Roster and shows
he was wounded by hostile forces on 3 July 1966 and treated for his wound.
Although there are no orders in the applicant's service personnel records
which show that he was awarded the Purple Heart (1st Award) presumably
orders were issued as he does not ask for award of the Purple Heart (1st
Award), only that it be added to his DD Form 214.

2.  Evidence shows the applicant was awarded the Purple Heart (2nd Award)
for wounds sustained during hostile action on 18 April 1968 in Vietnam.
Therefore, his DD Form 214 should be amended to add this award.

3.  Orders show that the applicant was awarded the Bronze Star Medal with
"V" Device, the Distinguished Flying Cross, the Meritorious Service Medal,
17 awards of the Air Medal, the Army Commendation Medal, the Senior Army
Aviator Badge, the Army Good Conduct Medal (3rd Award), the Marksman
Marksmanship Qualification Badge (.45 Caliber Pistol), the Sharpshooter
Qualification Badge (.38 Caliber), and the Expert Marksmanship
Qualification Badge (M-16).  His DD Form 214 should be amended to add these
awards.

4.  The applicant was assigned to a unit during a period of time the unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.  Evidence of record confirms that the applicant served in
Vietnam.  Therefore, he is eligible for award of the Vietnam Service Medal
and the Vietnam Campaign Medal with Device (1960).  His DD Form 214 should
be amended to add these awards.

5.  The applicant is eligible for award of the National Defense Service
Medal (2nd Award).  His participation in four campaigns entitles him to
four bronze service stars to be worn on his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 March 1973.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
30 March 1976.  Although the applicant did not file within the ABCMR's
statute of limitations; however, based on the available evidence it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

________  ________  ________  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:

      a.  by deleting the Marksmanship Qualification Badge (M-16 Rifle);
and

      b.  amending his DD Form 214 to show award of the Purple Heart (2nd
Award), the Bronze Star Medal with "V" Device, the Distinguished Flying
Cross, the Meritorious Service Medal, the Air Medal (Numeral 17), the Army
Commendation Medal, the Senior Army Aviator Badge, the Army Good Conduct
Medal (3rd Award), the National Defense Service Medal (2nd Award), the
Vietnam Service Medal, the Vietnam Campaign Medal with Device (1960), the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Marksman
Marksmanship Qualification Badge (.45 Caliber Pistol), the Sharpshooter
Qualification Badge (.38 Caliber), the Expert Marksmanship Qualification
Badge (M-16), and four bronze service stars to be worn on his Vietnam
Service Medal.




                                  ____ Mr. Thomas A. Pagan ___
                                             CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050004763                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |22 November 2005                        |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0116.0000                           |
|2.                      |107.0132.0000                           |
|3.                      |107.0015.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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