RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 July 2006
      DOCKET NUMBER:  AR20050017810


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Ernestine Fields              |     |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 (Report of
Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states he was wounded two times while serving in Vietnam

3.  The applicant provides no additional evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
6 September 1969.  The application submitted in this case is undated;
however, the application was received in this office on 16 December 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 on 26 September 1966 for a period of 3 years.
He successfully completed basic combat training and advanced individual
training (AIT) and was awarded MOS 67N (helicopter repairman).  He served
as a helicopter repairman assigned to the 188th Aviation Company, 269th
Combat Aviation Battalion in Vietnam from 30 April 1967 through 26 November
1967.  He was assigned to the 190th Assault Helicopter Company in Vietnam
from
27 November 1967 through 29 April 1968.  On 6 September 1969, the applicant
was released from active duty in the rank of specialist five after
completing
2 years, 11 months, and 19 days of creditable active service with no time
lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
Device 1960, the Air Medal with Four Oak Leaf Clusters, and two awards of
the Overseas Service Bar as authorized awards.

5.  There are no orders for the Purple Heart in the applicant’s service
personnel records.


6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20
is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.

7.  Item 39 (Physician’s Summary and Elaboration of all Pertinent Data) on
the applicant’s Standard Form 89 (Report of Medical History), dated 27 May
1969, shows he sustained shrapnel wounds to his neck and flank.  However,
there is no evidence which shows this injury was the result of hostile
action.

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

9.  Records show the applicant participated in four campaigns during his
assignment in Vietnam.

10   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 the applicant's unit (188th
Aviation Company) is entitled to award of the Meritorious Unit Commendation
for actions during the period 1 January 1967 to 31 December 1967 based on
Department of the Army General Orders Number 48, dated 1968.

11.  Department of the Army Pamphlet 672-3 also shows the applicant's unit
(188th Aviation Company) is entitled to award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 46, dated 1969.

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.

13.  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.



14.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

15.  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 for the Purple Heart in the applicant’s service
personnel records.  The medical record which shows the applicant sustained
shrapnel wounds to his neck and flank does not show this injury was the
result of hostile action.  In the absence of orders or any other evidence
which shows the applicant was wounded or treated for wounds as a result of
hostile action in Vietnam, this medical record is not sufficient as a basis
for an award of the Purple Heart.  Regrettably, there is insufficient
evidence on which to base award of the Purple Heart in this case.

2.  Evidence of record shows the applicant completed AIT in MOS 67N;
therefore, he is entitled to award of the Aircraft Crew Member Badge and
correction of his DD Form 214 to show this badge.

3.  The applicant was separated in the rank of specialist five with almost
3 years of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for the first award of
the Good Conduct Medal for the period 26 September 1966 through 6 September
1969 based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

4.  The applicant participated in four campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.
5.  The applicant's unit (188th Aviation Company) received the Meritorious
Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm
Unit Citation while he was assigned to it.

6.  Records show the applicant should have discovered the alleged error now
under consideration on 6 September 1969; therefore, the time for the
applicant to file a request for correction of any error expired on 5
September 1972.  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:

________  ________  ________  GRANT FULL RELIEF

LE_____  _PM_____  EF_____  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 by:


      a.  awarding him the first award of the Good Conduct Medal for the
period 26 September 1966 through 6 September 1969; and

      b.  amending his DD Form 214 to add the Good Conduct Medal and to show
that he was awarded the Aircraft Crew Member Badge, the Vietnam Service
Medal with four bronze service stars, the Meritorious Unit Commendation,
and  the Republic of Vietnam Gallantry Cross with Palm 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
award of the Purple Heart.




                            ___Lester Echols__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017810                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060718                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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