RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 November 2006
      DOCKET NUMBER:  AR20060005429


      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. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show the award of
the Purple Heart.

2.  The applicant states, in effect, that he just wants to receive the
award of the Purple Heart for the wound he sustained in 1969 in the
Republic of Vietnam.  Also, he states that his friend (a medic) treated him
for his wounds but when he was asked if he wanted the wound documented, he
turned it down because all of the wounded Soldiers he brought in for
treatment received the same award.

3.  The applicant provides a copy of his friend's written statement.  In
this statement, the friend says that during a rescue mission the applicant
was wounded as a result of an explosion.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 23 June 1971, the date of his release from active duty.
The application submitted in this case is dated 8 April 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's records show that he entered active duty on 24 June
1968.  He completed basic combat training and attended advanced individual
training and was awarded the military occupational specialty 67N1O (UH-1
Helicopter Repairer).

4.  He served a tour of duty with the 45th Medical Company in the Republic
of Vietnam during the period 7 January 1969 to 1 January 1970.




5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 shows the National Defense Service Medal, Vietnam Service Medal,
Republic of Vietnam Campaign Medal with 60 Device, Air Medal, Army
Commendation Medal, and Expert Marksmanship Badge with two Rifle Bars.
However, it does not show award of the Purple Heart.

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

7.  There are no general orders in the available records which show the
applicant was awarded the Purple Heart.

8.  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.

9.  A review of the Republic of Vietnam Casualty Files does not show the
applicant's name listed among those wounded.

10.  Headquarters, 44th Medical Brigade Special Orders Number 280, dated  
7 October 1969 shows that the applicant was awarded the Permanent Aircraft
Crewman Badge.

11.  Certificate of Award, dated 5 July 1970, and signed by the Commanding
General, U.S. Army Medical Command Vietnam shows that the applicant was
awarded the Air Medal (Second through Fourteenth Award).

12.  The applicant provided a written statement from his friend in support
of his application.  The friend's statement attests to the fact that the
applicant was wounded during a rescue mission.

13.  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.

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

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 the unit, to which
the applicant was assigned, 45th Medical Company, was cited for an award of
the Meritorious Unit Commendation based on Department of the Army General
Orders Number  
24, dated 1972.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

17.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.

18.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
based on the applicant's dates of service in the Republic of Vietnam, he
participated in the Vietnam Counteroffensive Phase VI (2 November 1968 to
22 February 1969); TET 69 Counteroffensive (23 February 1969 to 8 June
1969); Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969); and
Vietnam Winter-Spring  
1970 (1 November 1969 to 30 April 1970).  This same regulation states that
a bronze service star will be awarded for wear on the Vietnam Service Medal
for participation in each campaign.

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 available records which shows he
was wounded or injured as a result of hostile action or treated for such
wounds.  His name does not appear on the Republic of Vietnam Casualty
Files.

3.  The written statement submitted in support of the applicant's request
is noted. However, the individual writing the statement did not say that he
saw the applicant being wounded, nor does he say anything about the nature
of his wound.  As such, the statement is insufficient evidence to base
award of the Purple Heart.

4.  Evidence of records show that the applicant is entitled to the award of
the Air Medal with two silver and four bronze Oak Leaf Clusters.
Therefore, he is entitled to correction of his records to show this award.
5.  Orders show that the applicant is entitled to the award of the
Meritorious Unit Commendation.  Therefore, he is entitled to correction of
his records to show this award.

6.  Orders show that the applicant is entitled to the award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is
entitled to correction of his records to show this foreign unit award.

7.  Orders show that the applicant is entitled to the award of the
Permanent Aircraft Crewman Badge.  Therefore, he is entitled to correction
of his records to show this award.

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

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 June 1971.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 22 June 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.

10.  Evidence shows that the applicant’s records contain administrative
error which does 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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___pbf___  ____tap_  ___lmd___  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely
file in this case based on the Purple Heart.

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

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by showing award of the Air Medal with two silver and four bronze
Oak Leaf Clusters, Meritorious Unit Commendation, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Permanent Aircraft Crewman Badge,
and four bronze service stars to be affixed to the Vietnam Service Medal.




                                  _________Thomas A. Pagan________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005429                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061121                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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