RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 January 2006
      DOCKET NUMBER:  AR20050007191


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth Wright                |     |Chairperson          |
|     |Mr. Dale DeBraler                 |     |Member               |
|     |Mr. Qawiy Sabree                  |     |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 award of the Purple Heart for wounds he received
in combat.

2.  The applicant states he was an observer/gunner and was wounded in
action.  He states that the pilot personally witnessed his injury.

3.  The applicant provides a letter from a pilot.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 July 1973.  The application submitted in this case is dated
1 May 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 26 July 1967 for a period
of three years.  He completed basic combat training and advanced individual
training (AIT) and was awarded military occupational specialty (MOS) 67A
(Aircraft Maintenance Crewman).  He was assigned to Headquarters and
Headquarters Company, 1st Brigade, 1st Cavalry Division (Air Mobile) in
Vietnam on 31 May 1968.  He was reclassified into MOS 67N (UH-1 Helicopter
Mechanic) in Vietnam.

4.  There are no orders in the applicant's personnel records which show he
was awarded the Purple Heart.  His DA Form 20 (Enlisted Qualification
Record) does not list any wounds as a result of hostile action in item 40
(Wounds).  His name is not included on the Vietnam Casualty Roster.

5.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
15366 dated 27 December 1968 awarded the applicant the Air Medal (First Oak
Leaf Cluster) with "V" Device for action on 16 November 1968.

6.  The applicant departed Vietnam on 30 May 1969 and was credited with
participation in four campaigns.
7.  The applicant was honorably discharged from active duty on 22 July 1969
for the purpose of immediate reenlistment.  His DD Form 214 for the period
ending 22 July 1969 does not show entitlement to award of the Purple Heart.

8.  The applicant reenlisted on 23 July 1969 for a period of six years.

9.  The applicant underwent a separation physical on 15 May 1973.  His
Report of Medical Examination (Standard Form 88) shows he had hearing loss
in his left ear and was given a physical profile of 111211.  A Consultation
Sheet (Standard Form 513) indicated the applicant was referred to the
clinic because of a hearing loss, secondary to an unknown cause.  This
document does not indicate any shrapnel injuries or wounds sustained as a
result of hostile action.

10.  The applicant was discharged on 16 July 1973.  His DD Form 214 for the
period ending 16 July 1973 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign
Medal with Device (1960), the Air Medal with First Oak Leaf Cluster, the
Army Commendation Medal, two Overseas Service Bars, the Good Conduct Medal,
and the Expert Marksmanship Qualification Badge with Rifle Bar.

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, 1st
Brigade, 1st Cavalry Division (Air Mobile), this unit was cited for award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Department of the Army General Orders (DAGO) Number 59, dated 1969.

12.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to Headquarters and Headquarters Company,
1st Brigade, 1st Cavalry Division (Air Mobile), this unit was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation by DAGO Number 42, dated 1972.

13.  The applicant provided an eyewitness statement dated 29 September 2004
from a former pilot/team leader of a scout mission in support of 1st
Cavalry Division.  The former pilot/team leader stated the applicant was in
the right seat of an aircraft as his observer/gunner.  He stated the
applicant was hit by a piece of shrapnel in his right arm during an air-
strike.  He observed the shrapnel was hot enough that it cauterized the
wound on entry and there was little or no blood. The applicant's wound was
treated by one of the medics at a first aid track of the armor unit and he
was returned to the aircraft.  The former pilot/team leader recalled that
they completed the mission and they returned to their base where the
applicant sought additional treatment for his wound.

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.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the
Aircraft Crew Member Badge may be permanently awarded for successful
completion of formal AIT in career management field 67 MOSs.

16.  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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders which authorize award of the Purple Heart to the
applicant.  His name is not listed on the Vietnam Casualty Roster.

2.  The eyewitness statement was carefully reviewed.  However, there are no
medical documents which verify that the applicant was wounded or injured as
a result of hostile action.  The applicant's May 1973 Report of Medical
Examination apparently failed to note that he had been wounded in action.
This medical document indicated he suffered from hearing loss in his left
ear.  Therefore, there is insufficient evidence on which to base correction
of his records to show award of the Purple Heart.

3.  General orders show the applicant was awarded the Air Medal (First Oak
Leaf Cluster with "V" Device.  Therefore, it would be appropriate to amend
his DD Form 214 for the period ending 16 July 1973 to show the Air Medal
(First Oak Cluster with "V" Device.

4.  The evidence of record shows the applicant completed training in MOS
67N and served as a helicopter mechanic in Vietnam.  Therefore, he has met
the regulatory requirements for award of the Aircraft Crew Member Badge.

5.  The applicant received credit for participation in four campaigns
during the Vietnam War.  Therefore, his DD Form 214 for the period ending
16 July 1973 should be administratively corrected to show four bronze
service stars for wear on his Vietnam Service Medal.

6.  The applicant was assigned to a unit during a period it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.  Therefore, these foreign unit awards should be added to his DD
Form 214 for the period ending 16 July 1973.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 July 1973; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 15 July 1976.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

KW______  DD______  QS______  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 partial 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:

      a.  by awarding him the Aircraft Crew Member Badge;

      b.  by deleting the Air Medal (First Oak Leaf Cluster) from his DD
Form 214 for the period ending 16 July 1973;

      c.  by adding award of the Air Medal (First Oak Leaf Cluster) with
"V" Device, the Aircraft Crew Member Badge, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation to his DD Form 214 for the
period ending 16 July 1973; and
      d.  by authorizing four bronze service stars for wear on his Vietnam
Service Medal on his DD Form 214 for the period ending 16 July 1973.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.




                            Kenneth Wright________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050007191                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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