RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050015238


      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             |
|     |Mrs. Phyllis M. Perkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla J. N. Troup             |     |Member               |
|     |Mr. William F. Crain              |     |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.

2.  The applicant states he received an injury while stationed in Vietnam.

3.  The applicant submitted a Standard Form 600 (Chronological Record of
Medical Care), dated 17 June 1965, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 June 1966, the date of his release from active duty.  The
application submitted in this case is dated 12 October 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 Army on 12 June 1963 for a period of
3 years.  He successfully completed basic and advanced individual training
and was awarded the military occupational specialty (MOS) 31Q20 (Avionics
Repairman). He served in the Republic of Vietnam during the periods
23 February 1965 through 1 June 1965 and 17 March 1966 through 4 June 1966.

4.  The applicant was honorably released from active duty on 11 June 1966
and transferred to the USAR Control Group (Reinforcement).

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD 214 does not
show award of the Purple Heart.

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not show any entries for wounds received.  Item 41 (Awards and
Decorations) does not show the award of the Purple Heart.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not
list the Purple Heart.

8.  There are no medical records in the applicant’s official military
personnel file that show he sustained wounds as a result of hostile action
or that show he was treated for wounds sustained as a result of hostile
action.

9.  There are no general orders in the applicant's service personnel
records that show he was awarded the Purple Heart.

10.  The applicant’s name does not appear on the Vietnam Casualty Roster.

11.  The applicant provided a Chronological Record of Medical Care, dated
17 June 1965, which shows he was treated for shell fragment wounds to his
right middle finger.  This form also states that the applicant was serving
as a helicopter door gunner in the Republic of Vietnam at the time of the
injury.

12.  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, 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.

13.  Review of the applicant's records indicates he may be entitled to
campaign credit and additional awards which are not shown on his DD Form
214.

14.  The applicant’s records contain 5th Training Regiment Special Orders
Number 117, dated 29 July 1963, which awarded him the Marksman Marksmanship
Qualification Badge with Rifle Bar (M-16).

15.  The applicant’s records contain 25th Infantry Division Special Orders
Number 17, dated 21 January 1966, which awarded him the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar (M-14).






16.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence that the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His record does not contain any adverse information and he received
conduct and efficiency ratings of excellent throughout his service.

17.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.

18.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the Republic of Vietnam from 8
February 1962 through 28 March 1973.

19.  Department of the Army Pamphlet 672-3 also shows that at the time of
the applicant's assignment to the 25th Aviation Battalion, it was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation based on Department of the Army General Orders Number 51,
dated1971.

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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists campaigns participated in units during
the Vietnam War.  This document shows that, during the applicant’s
assignment in Vietnam, he participated in the Vietnam Advisory Campaign;
the Vietnam Defense Campaign; and the Vietnam Counteroffensive.

22.  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 Vietnam Service Medal.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  There are no general orders that show the applicant was awarded the
Purple Heart.  There is no evidence in his service personnel records which
shows that he was wounded or injured as a result of hostile action or
treated for such wounds.  The applicant's name is not listed on the Vietnam
Casualty Roster.

3.  Notwithstanding the medical records provided by the applicant which
shows that he sustained a shell fragment wound to the right finger while
serving as a helicopter door gunner in the Republic of Vietnam, there is no
evidence and the applicant has not provided sufficient evidence to show
that the wounds were sustained as a result of hostile action.
Additionally, this medical record is dated 17 June 1965 and the applicant's
records clearly show that he was assigned to the 25th Aviation Battalion in
Hawaii.

4.  Evidence of record shows the applicant is entitled to the first award
of the Good Conduct Medal based on completion of qualifying service from 12
June 1963 through 11 June 1966 ending with termination of a period of
Federal military service.  Therefore, the applicant is entitled to the
correction of his records to show the Good Conduct Medal.

5.  Evidence of record shows that the applicant was awarded the
Marksmanship Badge with Rifle Bar (M-16); therefore, he is entitled to have
his DD Form 214
corrected to show he was awarded the Marksman Marksmanship Qualification
Badge with Rifle Bar (M-16).

6.  Evidence of records shows the applicant was awarded the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is
entitled to have his DD Form 214 corrected to show he was awarded the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  General Orders show that the applicant is entitled to 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, the applicant is entitled to correction of his DD Form 214 to
show these awards.



8.  The applicant's service personnel records show he served a period of
qualifying service in Vietnam for award of the Vietnam Service Medal.
Evidence also shows that the applicant participated in three campaigns
during his service
in Vietnam.  Therefore, in accordance with the governing regulation, the
applicant
is entitled to the Vietnam Service Medal with three bronze service stars
and correction of his DD Form 214 to show these awards.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 June 1966.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 10 June 1969.  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 relief being granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MNJT__  __WDP_  _WFC___  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 to show the Good Conduct
Medal; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the
Vietnam Service Medal with three bronze service stars; the Marksman
Marksmanship Qualification Badge with Rifle Bar (M-16); the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar (M-14); and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.






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
the award of the Purple Heart.




                               __William D. Powers_
                                      CHAIRPERSON
                                    INDEX

|CASE ID                 |AR20050015238                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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