RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 December 2006
      DOCKET NUMBER:  AR20060006584


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Donald W. Steenfott           |     |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 he be awarded the Purple Heart for wounds
sustained in Vietnam.

2.  The applicant states, in effect, that he was wounded as the result of
enemy action on 24 August 1964.

3.  The applicant provides a copy of a 27 August 1964 Statement of Medical
Examination and Duty Status (DA Form 2173).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 July 1967, the date of his retirement.  The
application submitted in this case is dated 4 May 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 served in the United States Navy during World War II.  He
joined the Army National Guard (ARNG) in 1949 and was commissioned.  He was
called to active duty for the Korean War in May 1952 and was designated an
Army Aviator on 23 August 1952.  He served as an artillery officer and an
Army aviator and earned the Bronze Star Medal and the Air Medal with 2nd
Oak Leaf Cluster.  He was designated a Senior Aviator on 15 August 1960.

4.  The applicant remained an ARNG officer, but served on continuous active
duty and served in Vietnam from 29 November 1963 to 17 November 1964.  He
had extraordinary duties as a major.  He was simultaneously  the company
commander of the 121st Aviation Company (Air Mobile, Light), the post
commander of an airfield which hosted an Air Force unit and as an advisor
to the Commander, 21st Army of Vietnam (ARVIN) Division on air mobility
operations and tactics.  He was awarded the Legion of Merit, the Air Medal
with 12th Oak Leaf Cluster and “V” Device.

5.  The applicant returned to the United States and retired as a lieutenant
colonel on 31 July 1967.

6.  DD Form 214 (Armed Forces of the United States Report of Separation)
shows his authorized awards as follows; the Legion of Merit, Bronze Star
Medal, Air Medal with 12 Oak Leaf Clusters and “V” Device, Army
Commendation Medal, Air Force Commendation Medal, National Defense Service
Medal with Oak Leaf Cluster, Armed Forces Expeditionary Medal (Vietnam),
Vietnam Service Medal, United Nations Service Medal, Republic of Vietnam
Gallantry Cross with Palm, and the Republic of Korea Army Aviator Badge.

7.  His DA Form 66 (Officer Qualification Record) shows that his authorized
awards also included the following additional awards:  the Navy Good
Conduct Medal, American Campaign Medal, European-African-Middle Eastern
Campaign Medal, Asia-Pacific Campaign Medal, World War II Victory Medal,
and the Korean Service Medal with 3 bronze service stars; and received
campaign participation credit for the Vietnam Advisory Campaign, that
commenced on
15 March 1962 and ended on 7 March 1965.

8.  Orders in his record clearly indicate that he was awarded the Army
Commendation Medal with Oak Leaf Cluster.

9.  Orders in Vietnamese and the translations thereto show he was
personally awarded the Republic of Vietnam Gallantry Cross with Palm and
the narrative portion of the recommendation for his Legion of Merit
confirms this award.  His unit was also authorized the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

10.  Amy Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained while in action
against an enemy or 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.

11.  The DA Form 2173 that the applicant submitted states that he was
admitted at the 134th Medical Detachment for lacerations and abrasions
received as the result of rifle and grenade fire during a Viet Cong
demonstration in Saigon, Vietnam on 24 August 1964.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Republic of Vietnam Campaign Medal.  This medal was
awarded by the Government of Vietnam to all members of the Armed Forces of
the United States for qualifying service in Vietnam during the period 1
March 1961 through 28 March 1973.  Qualifying service included assignment
in Vietnam for 6 months or more.  Qualifying service outside the
geographical limits of the Republic of Vietnam required the individual to
provide direct combat support to the Republic of Vietnam and Armed Forces.
Individuals who had qualified for award of the Vietnam Service Medal or the
Armed Forces Expeditionary Medal and were evacuated prior to completing six
months of service due to wounds resulting from hostile action were entitled
to award of the Republic of Vietnam Campaign Medal.  It is worn with the
“1960-” Device.

13.  Army Regulation 600-8-22 (Military Awards) provides that Arabic
numerals are now used instead of oak leaf clusters for the second and
succeeding awards of the Air Medal.  The numeral 2 denotes the second award
of the Air Medal.

14.  The Government of the Republic of Korea issued the Korean War Service
Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their
historic endeavors to preserve the freedom of the Republic of Korea and the
free world.  The Department of Defense approved acceptance and wear of the
ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have
served between 25 June 1950 and 27 July 1953 and been on permanent
assignment for 30 consecutive days, or on temporary duty for 60 non-
consecutive days, within the territorial limits of Korea, in the waters
immediately adjacent thereto, or in aerial flight over Korea participating
in actual combat operations or in support of combat operations.

15.  Army Regulation 600-8-22 also provides for award of the Armed Forces
Reserve Medal.   It is awarded for honorable and satisfactory service as a
member of one or more of the Reserve Components of the Armed Forces of the
United States for a period of 10 years.  The conditions for award of the
Armed Forces Reserve Medal include requirements for such service to be
completed within 12 consecutive years and service in a regular component of
the Armed Forces, tenure in elected state office, tenure as a member of a
legislative body of the United States or a state, and service as a judge of
a court of record of the United States, a state or territory or District of
Columbia is excluded from credit  toward this award but does not constitute
a break in service.

16.  Army Regulation 635-5 (Separation Documents) as then in effect
provided that all authorized awards were to be listed in item 24 of the DD
Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was treated for wounds received as the result of enemy
action on 24 August 1964 and should be awarded the Purple Heart.

2.  It is the practice of this Board to update, so far as is practicable,
the awards of any veteran requesting award action.  His DD Form 214 should
be corrected to list all of his authorized awards.

3.  The following awards are sufficiently documented in his service record,
but are not listed on his DD Form 214:  the Army Commendation Medal with
Oak Leaf Cluster, Navy Good Conduct Medal, American Campaign Medal,
European-African-Middle Eastern Campaign Medal, Asia-Pacific Campaign
Medal, World War II Victory Medal, the Korean Service Medal with 3 bronze
service stars, and one bronze service star for wear on the Vietnam Service
Medal.

4.  The applicant is authorized the Armed Forces Reserve Medal, Basic Army
Aviator Badge, and the Senior Army Aviator Badge.

5.  He is also authorized the Republic of Vietnam Campaign Medal with “1960-
” Device and the Republic of Korea - Korean War Service Medal.

BOARD VOTE:

__LDS__  __PHM__  __DWS__  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 sustained as the result
of enemy action on 24 August 1964; and


      b.  showing that his authorized awards consist of the Legion of Merit,
Bronze Star Medal, Purple Heart, Air Medal with numeral “13” and “V”
Device, Army Commendation Medal with Oak Leaf Cluster, Air Force
Commendation Medal, Navy Good Conduct Medal, American Campaign Medal, Asia-
Pacific Campaign Medal,  European-African-Middle Eastern Campaign Medal,
World War II Victory Medal, National Defense Service Medal with Oak Leaf
Cluster, Korean Service Medal with three bronze service stars, Armed Forces
Expeditionary Medal, Vietnam Service Medal with one bronze service star,
Armed Forces Reserve Medal, United Nations Service Medal, the Republic of
Vietnam Gallantry Cross with Palm, Republic of Vietnam Campaign Medal with
“1960-“ Device, Republic of Korea - Korean War Service Medal, Republic of
Vietnam Gallantry Cross with Palm Unit Citation, Basic Army Aviator Badge,
Senior Army Aviator Badge, and the Republic of Korea Army Aviator Badge.




                                  __Linda D. Simmons_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006584                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061205                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant Plus                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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