RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2006
      DOCKET NUMBER:  AR20060004639


      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. James Anderholm               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas Ray                    |     |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 and the Air Medal.


2.  The applicant states he was wounded around 30 May 1969, evacuated to
Japan for medical treatment, and later treated at Fort Sill, Oklahoma.

3.  The applicant provides a letter, dated 13 February 2006, from the
Military Awards Branch, U.S. Army Human Resources Command; a letter, dated
19 September 2005, from the National Personnel Records Center in St. Louis,
Missouri; a copy of his DA Form 20 (Enlisted Qualification Record); a DA
Form 137 (Installation Clearance Record); hospital message orders for
reassignment of medical evacuees; and Letter Orders Number 06-10, dated 13
June 1969, for convalescent leave.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
26 June 1970.  The application submitted in this case is dated 19 August
2005; however, the application was received in this office on 24 March
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 requested correction of his records to show award of the
Air Medal.  There are no orders or other evidence authorizing this
decoration to the applicant.  In the absence of a proper award authority
for this decoration, the applicant may request award of the Air Medal under
the provisions of Section 1130 of Title 10, United States Code.  The
applicant has been notified by separate correspondence of the procedures
for applying for this decoration under Section 1130 and, as a result, they
will not be discussed further in this Record of Proceedings.

4.  The applicant enlisted on 28 June 1967 for a period of 3 years.  He
successfully completed basic combat training and advanced individual
training (AIT) and was awarded MOS 67A (aircraft maintenance crewman) and
later awarded MOS 67N (helicopter mechanic).  He arrived in Vietnam on 31
October 1968.  He served as a security platoon guard assigned to
Headquarters and Headquarters Detachment, 11th Combat Aviation Combat
Battalion in Vietnam from 4 November 1968 through 12 January 1969.  He
served in MOS 67N as a helicopter mechanic assigned to the 173rd Assault
Helicopter Company in Vietnam from 13 January 1969 until he was
hospitalized and transferred to the United States on 13 June 1969 for
further medical treatment.  On 26 June 1970, the applicant was released
from active duty.

5.  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 Good Conduct Medal, one award of the Overseas Service Bar,
and the Expert Marksmanship Qualification Badge with Rifle Bar as
authorized awards.

6.  There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.

7.  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.

8.  In support of his claim, the applicant provided an installation
clearance record which shows he was evacuated from Vietnam to the 106th
General Hospital; hospital reassignment orders; and orders which show he
was granted 30 days of convalescent leave on 13 June 1969 while assigned to
the Army hospital at Fort Sill, Oklahoma.  However, there is no evidence
his illness or injury was the result of hostile action.

9.  There are no service medical records available.

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

11.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

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, 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.

14.  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.

DISCUSSION AND CONCLUSIONS:

1.  The documentation provided by the applicant does not show that he was
hospitalized as a result of hostile action in Vietnam.  There is no
evidence of record which shows that the applicant was injured or wounded as
a result of hostile action in Vietnam.  Regrettably, there is insufficient
evidence on which to base award of the Purple Heart in this case.

2.  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.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

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

5.  Records show the applicant should have discovered the alleged error now
under consideration on 26 June 1970; therefore, the time for the applicant
to file a request for correction of any error expired on 25 June 1973.
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.

6.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant's records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JA_____  _ML_____  _TR_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned
to show that he was awarded the Vietnam Service Medal with four bronze
service stars, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and the Aircraft Crew Member Badge.



                                  ___James Anderholm____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004639                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060919                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0018                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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