RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      18 October 2005
      DOCKET NUMBER:  AR20050006567


      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             |
|     |Ms. Antoinette Farley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge), dated 13 January 1971,
to show award of the Purple Heart.

2.  The applicant states he received the award certificate issued on 12
June 1970.

3.  The applicant provides in support of his case a copy of an award
certificate, dated 12 June 1970, for award of the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 January 1971, the date of his separation from the Army.  The
application submitted in this case is dated 13 April 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 had several periods of honorable service prior to his
commissioning as a warrant officer in the United States Army Reserve on 19
May 1969.  The applicant served as an aviation helicopter pilot overseas in
the Republic of Vietnam from 18 June 1969 through 13 June 1970.  The
applicant was honorably separated from active duty on 13 January 1971.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does
not show he was awarded the Purple Heart.






5.  The applicant's records do not show he was issued orders for award of
the Purple Heart.

6.  The Vietnam Casualty Roster contains one entry which shows the
applicant was wounded on 22 September 1969 due to enemy fire.

7.  The applicant provides in support of his application one certificate
for award of the Purple Heart for wounds received in action on 22 September
1969.

8.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

9.  Review of the applicant's records indicates entitlement to additional
awards and decorations that are not shown on his DD Form 214.

10.  The applicant's record contains a letter authorization for an
Individual Foreign Award from Headquarters, United States Army, Vietnam,
dated 25 September 1970.  This letter authorized the applicant to receive
and wear the Republic of Vietnam Gallantry Cross with Bronze Star.

11.  The applicant's record contains a letter authorization for an
Individual Foreign Award from Headquarters, United States Army, Vietnam,
dated 23 November 1970.  This letter authorized the applicant to receive
and wear the Republic of Vietnam Gallantry Cross with Silver Star.

12.  The applicant's DD Form 214 shows award of the Vietnam Service Medal
as an authorized award.  However, there is no evidence the applicant
received credit for campaign participation during his service in Vietnam.

13.  Army Regulation 600-8-22, in pertinent part, authorizes 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, which in this case is
the Vietnam Service Medal.  The appendix shows he participated in three
campaigns the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970 and
the Sanctuary Counteroffensive 1970.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show
award of the Purple Heart.

2.  Evidence of record shows that the applicant was wounded as a result of
hostile action and underwent medical treatment on 22 September 1969.  Based
on the applicant's personnel records and the Republic of Vietnam Casualty
Roster, it is concluded that there is sufficient evidence to substantiate
award of the Purple Heart for wounds he received on 22 September 1969 in
Vietnam.

3.  Evidence of record shows that the applicant was authorized award of the
Republic of Vietnam Gallantry Cross with Bronze Star and the Republic of
Vietnam Gallantry Cross with Silver Star.  Therefore, the applicant is
entitled to correction of his DD Form 214 to add these foreign awards.

4.  Records show that the applicant participated in three campaigns during
his service in Vietnam.  Therefore, he is eligible for award of three
bronze service stars to be shown on his Vietnam Service Medal.  Therefore,
the applicant is entitled to correction of his DD Form 214 to add these
awards.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 January 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 12 January 1974.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file based on the fact there is no statute of limitations
on requests for award of the Purple Heart.

BOARD VOTE:

_JNS___  _KWL____  _LDS___  GRANT 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 waive failure to timely file.  As a result,
the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing: award of the Purple Heart;
the Republic of Vietnam Gallantry Cross with Bronze Star; the Republic of
Vietnam Gallantry Cross with Silver Star; and three bronze service stars
for wear on his Vietnam Service Medal.




               __John N. Sloan_________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050006567                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|                        |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]