RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 July 2006
      DOCKET NUMBER:  AR20050015979


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, in effect, that the award of the Purple Heart
be added to his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge).

2.  The applicant states he should have received the award of the Purple
Heart while serving in the Republic of Vietnam.

3.  The applicant provides:

      a.  a copy of his DD Form 214; and

      b.  a copy of an article from a local newspaper (Herald-Bulletin)
that was published in Indianapolis, Indiana.  This article shows that he
was awarded the Purple Heart during an award ceremony at Fort Benjamin
Harrison, Indiana.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 May 1967, the date of his release from active duty.
The application submitted in this case is dated 24 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's records show that he entered active duty on 28 July
1964.  He completed basic combat training and advanced individual training,
and was awarded the military occupational specialty 11B20 (Light Weapons
Infantryman).

4.  The applicant's records show he served with Company A, 502nd Aviation
Battalion, in the Republic of Vietnam during the period 6 September  
1965 to 22 September 1966.

5.  The applicant's records show he served with the 175th Aviation Company,
in the Republic of Vietnam during the period 23 September 1966 to 8 May
1967.  The applicant was honorably released from active duty on 11 May 1967
after serving 2 years, 9 months, and 14 days of active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 shows the applicant was awarded the National Defense Service Medal,
Republic of Vietnam Campaign Medal, Air Medal 27th - 31st Oak Leaf Cluster,
and the Republic of Vietnam Service Medal.  However, it does not show he
was awarded the Purple Heart.

7.  There are no orders in the applicant's records to show the award of the
Purple Heart.

8.  Item 40 (Wounds) of the DA Form 20 (Enlisted Qualification Record)
shows no entry.

9.  There are no medical records in the applicant's official military
personnel file to show he sustained wounds as a result of hostile action or
to show he was treated for wounds sustained as a result of hostile action.
However, the Republic of Vietnam Casualty File shows the applicant's name
was listed among those wounded.

10.  The applicant's entry on the Republic of Vietnam Casualty Files
contains the injury code "23" which indicates that he was wounded from
small arms fire while engaged in hostile action.  The roster further shows
that the applicant sustained this wound in October 1966.

11.  Army Regulation 672-5-1 (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.  This regulation also provides that there
are no time limitations on requests for award of the Purple Heart.

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



13.  Headquarters, 1st Aviation Brigade General Orders Number 2012, dated  
25 May 1967 awarded the applicant the Army Commendation Medal and
Headquarters, 1st Aviation Brigade General Orders Number 3079, dated 3 July
1967 awarded the applicant the Air Medal with Thirty-Third and Thirty-
Fourth Oak Leaf Cluster.

14.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that the Army 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.  After 27 June 1950, to the present
time, the current standard for award of the Army Good Conduct Medal is 3
years of qualifying service, but as little as one year is required for the
first award in those cases when the period of service ends with the
termination of Federal military service.  While any record of nonjudicial
punishment could be in conflict with recognizing the Soldier's service as
exemplary, such record should not be viewed as automatically disqualifying.
 Although there is no automatic entitlement to the Army Good Conduct Medal,
disqualification must be justified.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in the Republic of Vietnam.  This document shows that Company A,
502nd Aviation Battalion, was cited for an award of the Valorous Unit Award
based on Department of the Army General Orders Number 20, dated 1967 and
the  
175th Aviation Company was cited for an award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Order Number 22, dated 1968.

16.  Appendix B of Army Regulation 600-8-22 shows that based on the
applicant's dates of service in the Republic of Vietnam, he participated in
the Vietnam Counteroffensive (25 December 1965 to 30 June 1966) and the
Vietnam Counteroffensive Phase II (1 July 1966 to 31 May 1967).  This same
regulation states that a bronze service star will be awarded for wear on
the Republic of Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the award of the Purple Heart be added to
his DD Form 214.



2.  The Vietnam Casualty File shows the applicant sustained wounds as a
result of hostile action in October 1966.  This is sufficient evidence to
meet the criteria for award of the Purple Heart.  Therefore, the applicant
is entitled to correction of his records to show this award.

3.  Orders show the applicant was awarded the Air Medal with Thirty-Third
and Thirty-Fourth Oak Leaf Cluster.  Therefore, the applicant is entitled
to correction of his records to show this award.

4.  Orders show the applicant was awarded the Army Commendation Medal.
Therefore, the applicant is entitled to correction of his records to show
this award.

5.  Records show he is entitled to the first award of the Army Good Conduct
Medal for the period 28 July 1964 to 11 May 1967 based on completion of a
period of qualifying service of less than three years, but more than one
year, ending with the termination of a period of Federal military service.
His records do not contain any adverse information and he received conduct
and efficiency ratings of “excellent” throughout his service.  Therefore,
he is entitled to correction of his records to show this award.

6.  Orders show that Company A, 502nd Aviation Battalion was awarded the
Valorous Unit Award while the applicant was assigned to the unit.
Therefore, he is entitled to correction of his records to show this award.

7.  Orders show that 175th Aviation Company was awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation while the applicant was
assigned to the unit.  Therefore, he is entitled to correction of his
records to show this foreign unit award.

8.  Evidence of records show that the applicant was assigned to a unit that
participated in two campaigns.  Therefore, he is entitled to correction of
his records to show two bronze service stars to be affixed to his Republic
of Vietnam Service Medal.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 May 1967; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
10 May 1970.  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 are no time limitations on requests for award of
the Purple Heart.


BOARD VOTE:

___eem__  ___jcr___  ____jtm_  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 waive 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 awards of the Purple Heart, Air
Medal with Thirty-Third and Thirty-Fourth Oak Leaf Cluster, Army
Commendation Medal, Army Good Conduct Medal first award for the period 28
July 1964 to  
11 May 1967, Valorous Unit Award, Republic of Vietnam Gallantry Cross with
Palm Unit Citation, and two bronze service stars to be affixed to the
Republic of Vietnam Service Medal.




                            __________John T. Meixell________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015979                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060727                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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