RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 December 2005
      DOCKET NUMBER:  AR20050004974


      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 T. Meixell               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Richard G. Sayre              |     |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 he sustained burns and injuries
from a helicopter crash landing caused by hostile forces on 13 December
1963 while serving in Vietnam.  The applicant further states that he
declined award of the Purple Heart because of what he considered
insignificant injuries compared to other casualties and fatal injuries
during operations.

3. The applicant provides a Combat Mission Record for the period
8 December 1963 through 26 December 1963 and a DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) for the ending period 31
March 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 March 1970.  The application submitted in this case is dated
23 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 14 November 1949 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty (MOS) 71H (Personnel
Specialist).  He was later awarded the MOS 67Z (Aircraft Repair Chief).

4.  The applicant arrived in Vietnam and was assigned to Headquarters and
Headquarters Detachment, U.S. Army Support Command on 13 November 1963. He
departed Vietnam on or about 18 April 1964.  The applicant returned to
Vietnam and was assigned to Headquarters and Headquarters Company, 34th
General Support Group on or about 6 December 1967.  He departed Vietnam on
or about 15 December 1968 after being credited with participating in four
campaigns.  He retired on 31 March 1970.

5.  The applicant's DD Form 214 for the period ending 31 March 1970 shows
he was awarded the Army Good Conduct Medal (6th Award), the Armed Forces
Expeditionary Medal (Vietnam), the Air Medal (3rd Award), the National
Defense Service Medal (2nd Award), the Vietnam Service Medal, the Vietnam
Campaign Medal, the Senior Aircraft Crewman Badge, the Korean Service
Medal, the United Nations Service Medal, the Army of Occupation Medal
(Germany), the Army of Occupation Medal (Japan), the Bronze Star Medal, and
the Army Commendation Medal.

6.  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.

7.  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.

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

9.  The applicant submitted a Combat Mission Record that shows on
14 December 1963 his helicopter received one hit and crash landed in a
combat zone and he received slight JP-4 fuel burns.

10.  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.

11.  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 Headquarters and Headquarters Company, 34th
General Support Group it was awarded the Meritorious Unit Commendation for
the period 1 November 1967 through 31 October 1968 by Department of the
Army General Orders Number 39, dated 1970.



12.  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.

13.  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.

14.  As a matter of information, on the occasion of the 50th anniversary of
the Korean War, the Government of the Republic of Korea issued the Korean
War Service Medal to pay tribute to eligible Korean War veterans for their
historic endeavors to preserve the freedom of the Republic of Korea and the
free world.  On 20 August 1999, the Department of Defense approved
acceptance and wear of this foreign award.  The Department of Defense has
assigned responsibility to
the Department of the Air Force for distribution of the Korean War Service
Medal to eligible veterans of all services.  To apply, veterans must
provide a copy of their discharge paper to the Awards and Decorations
Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite
12, Randolph Air Force Base, TX 78150-4714.  Once the Korean War Service
Medal has been authorized by the Department of the Air Force, the applicant
may apply to the Army Board for Correction of Military Records to add this
foreign award to his DD Form 214.

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

2.  The applicant was assigned to a unit during a period of time the unit
was awarded the Meritorious Unit Commendation.  His DD Form 214 should be
amended to add this award.

3.  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 four campaigns
entitles him to four bronze service stars to be worn on his Vietnam Service
Medal.  His DD Form 214 should be amended to add these awards.
4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 March 1970.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
30 March 1973.  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.

5.  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

__JTM_ _  __ ML __   __ RGS  _  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 add the Meritorious Unit Commendation, the Republic
of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service
stars to be worn on his Vietnam Service Medal to his DD Form 214.




                                  ____ Mr. John T. Meixell _____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004974                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |1 December 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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