RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 September 2006
      DOCKET NUMBER:  AR20060002822


      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. Eric Andersen                 |     |Chairperson          |
|     |Ms. Rose Lys                      |     |Member               |
|     |Mr. Richard Murphy                |     |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) to show award of the
Purple Heart.

2.  The applicant states, in effect, that he has an affidavit from a former
Aircraft Crew Chief indicating he was escorted to a medical facility and an
award certificate for the Bronze Star Medal with “V” Device indicating he
was wounded.

3.  The applicant provides a sworn affidavit from a former service member
and general orders awarding him the Bronze Star Medal with “V” Device.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 May 1971.  The application submitted in this case is dated
31 January 2006.

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 14 June 1968.  He
completed basic combat training and advanced individual training (AIT).  At
the completion of AIT, he was awarded military occupational specialty 11B
(Light Weapons Infantryman).  He later completed basic airborne training at
Fort Benning, Georgia.  He was assigned to Company B, 3rd Battalion, 187th
Infantry in Vietnam on 14 January 1969.

4.  He was discharged from active duty on 14 May 1969 for the purpose of
immediate reenlistment.  His DD Form 214 for the period ending 14 May 1969
does not show entitlement to the Purple Heart.

5.  The applicant reenlisted on 15 May 1969 for a period of three years.

6.  Headquarters, I Field Force Vietnam General Orders Number 931, dated
17 August 1971, awarded the applicant the Bronze Star Medal with “V” Device
for action on 2 June 1970.  The orders state in part, “As the aircraft made
a low pass over an enemy position to mark it for aerial rocket artillery,
an undetermined size enemy force attacked it with automatic weapons and
small arms fire, wounding all its occupants.”

7.  There are no orders in the applicant's personnel records which show he
was awarded the Purple Heart.  His name is not included on the Vietnam
Casualty Roster.

8.  He departed Vietnam on 11 August 1970 and received credit for
participation in six campaigns.

9.  The applicant was discharged from active duty on 14 May 1971.  His
DD Form 214 for the period ending 14 May 1971 does not show any authorized
awards.

10.  The applicant provided a sworn affidavit, dated 23 December 2004, from
a former service member.  The former service member stated that he was a
Crew Chief/Doorgunner on Aircraft 68-16291 in the Republic of Vietnam on 2
June 1970.  He stated the applicant was the doorgunner on 2 June 1970 and
their mission was to fly command and control for the battalion commander of
the 3rd Battalion, 503rd Airborne Infantry.  He referenced the applicant’s
orders for the Bronze Star Medal with “V” Device which cited that all
personnel on the aircraft were wounded.  He found the applicant and another
person bleeding.  After he checked the site of the blood, he found that
they had been hit by shrapnel from the rounds tearing through the aircraft.


11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant’s
assignment to the 3rd Battalion, 187th Infantry, 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 43, dated 1970.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 3rd Battalion, 187th Infantry, this unit was
cited for award of the Valorous Unit Award by DAGO Number 2, dated 1971.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 3rd Battalion, 187th Infantry, this unit was
cited for award of the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation by DAGO Number 48, dated 1971.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 3rd Battalion, 187th Infantry, this unit was
cited for award of the Presidential Unit Citation by DAGO Number 16, dated
1972.

15.  A DD Form 215 (Correction to DD Form 214) was prepared on 9 May 1980
which added the Combat Infantryman Badge, the Republic of Vietnam Campaign
Ribbon with Device (1960), the Aircraft Crewmember’s Badge, the Army
Commendation Medal with “V” Device, the Bronze Star Medal with “V” Device,
the Vietnam Campaign (i.e., Service) Medal with one bronze star and one
silver star, the Air Medal with Eighteen Oak Leaf Clusters, the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the
Expert Marksmanship Qualification Badge with Machine Gun Bar to the
applicant’s DD Form 214 for the period ending 14 May 1971.

16.  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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders which authorize award of the Purple Heart to the
applicant.  However, the general orders awarding him the Bronze Star Medal
with “V” Device indicates he was wounded by an enemy force while on an
aircraft in the Republic of Vietnam.  The applicant provided a sworn
statement from a former service member verifying that he had been wounded
on 2 June 1970 as a result of hostile action.  These documents are accepted
as sufficient evidence as a basis for award of the Purple Heart and
correction of his DD Form 214 to show this decoration.

2.  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,
the Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation, and the Presidential Unit Citation.  Therefore,
these awards should be added to his DD Form 214.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 May 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 13 May 1974.  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:

EA______  RL______  RM______  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 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 Purple Heart for wounds received in action on 2
June 1970; and


      b.  adding the Purple Heart, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, the Valorous Unit Award, the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, and the Presidential
Unit Citation to his DD Form 214 for the period ending 14 May 1971.




                            Eric Andersen_________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002822                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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