RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       1 February 2007
      DOCKET NUMBER:  AR20060009814


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, in effect, that he be awarded the Purple Heart
and all awards to which he is entitled.

2.  The applicant's Member of Congress (MOC) requests, in effect, that any
assistance that can be provided his constituent in the issue of award of
the Purple Heart be given him.

3.  The applicant states, in effect, that he was wounded in Vietnam and was
never awarded the Purple Heart.

4.  In support of his application, the applicant submits a copy of his DD
Form 214, Armed Forces of the United States Report of Transfer or
Discharge, and a copy of a letter of support written to the Military Order
of the Purple Heart by his former platoon leader, on 2 July 1984.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 22 April 1969, the date of his release from
active duty.  The application submitted in this case is dated 20 June 2006
and was received for processing on 7 July 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 limitation 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 record shows that he was inducted into the Army of the
United States on 6 June 1967.  He completed his basic combat training at
Fort Jackson, South Carolina, volunteered for enrollment in officer
candidate school, and was sent to Fort Ord, California, for training in the
military occupational specialty (MOS), 11B (Light Weapons Infantryman).  On
9 September 1967, he was reassigned for training in the MOS 76A (Supply
Clerk).  He was awarded this MOS on 13 October 1967.  While he served on
active duty, he also held the
MOS 76W (Petroleum Storage Specialist), and on 2 January 1969 was awarded
the primary MOS 67N (Single Rotor Turbine Observation Utility Helicopter
Repairman) and a secondary MOS 67U (Medium Helicopter Repairer).

4.  The applicant was assigned to the 79th Quartermaster Platoon, Fort
Leonard Wood, Missouri, for duty in the MOS 76A and on 25 April 1968, the
applicant and his unit were reassigned to Vietnam.  He served with this
unit as an assistant heavy petroleum vehicle operator until 23 July 1968
when he was assigned to the Medical Holding Detachment, 106th General
Hospital in a patient status.

5.  On the applicant's release from hospitalization and treatment, he was
returned to Vietnam and was assigned to the 647th Quartermaster Company,
for duty as a longshoreman helper.  On 21 October 1968, the applicant was
reassigned to Company B, 229th Aviation Battalion, 1st Cavalry Division,
where he served initially as a door gunner and, on 2 January 1969, was
assigned duties of single rotor turbine observation utility helicopter
repairman.  He concluded his assignment in Vietnam with assignment to the
unit's Headquarters and Headquarters Company.  On 20 April 1969 he was
returned to the United States for release from active duty.

6.  The applicant was honorably released from active duty, on 22 April
1969, under the provisions of Army Regulation (AR) 635-200, as an overseas
returnee, prior to the expiration of his term of service.  He was separated
in the rank/pay grade, Specialist Five/E-5.  On the date he was released
from active duty, he had completed 1 year, 10 months, and 18 days active
military service, with no time lost.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214
shows he was awarded:  the Air Medal; the Army Commendation Medal; the
National Defense Service Medal; the Vietnam Service Medal; the Republic of
Vietnam Campaign Medal; the Sharpshooter Marksmanship Qualification Badge,
with Automatic Rifle Bar (M-16 Rifle); the Marksman Marksmanship
Qualification Badge, with Rifle Bar (M-14 Rifle); and two overseas service
bars.  The Purple Heart is not shown on his DD Form 214.

8.  There is no entry in Item 40 (Wounds), of the applicant's DA Form 20,
Enlisted Qualification Record, showing he was wounded in action.  There is
no entry in Item 41 (Awards and Decorations), of the applicant's DA Form
20, showing he was awarded the Purple Heart.  There are no orders in the
applicant's military personnel records awarding him the Purple Heart.

9.  In the letter submitted to the Order of the Purple Heart by the
applicant's platoon leader, it states in part, "On or about July 23,
1968, [the applicant], one of my platoon members, was brought to the 71st
Evacuation with severe burn wounds to his left hand.  My assistant
platoon sergeant explained that my platoon was under fire and that [the
applicant] crawled from his covered position and, exposing himself to
enemy fire, attempted to ignite a parachute flare.  Due to the intensity
of the ground fire, it could not be ascertained if the flare was
defective.  In any event, as explained by my assistant platoon sergeant,
within a split second of "popping" the flare, the flare exploded causing
3rd degree burns to [the applicant's] left hand and several other burns
on his body.  Even though [the applicant] was in severe pain, he
continued to serve as a member of a heavy machine gun crew until the
enemy was repulsed several hours later.  Only then was he evacuated to
the 71st Evacuation and from there to the Army burn center in Tokyo for
over two months before returning to duty in Vietnam."

10.  A DA Form 8-274, Medical Condition – Physical Profile Record, dated
7 August 1968, shows the applicant had assignment limitations imposed upon
him, until 7 September 1968, due to burns to the left hand and to other
parts of his body.  The origin or proximate cause of the burns is not shown
on this form.

11.  On 25 June 1969, the applicant's medical records were provided to the
Veterans Administration Regional Office, Pittsburg, Pennsylvania, at his
request. No other medical records are available for the Board's review.

12.  The applicant was awarded the Aircraft Crewman Badge, by Special
Orders Number 17, paragraph 3, published by Headquarters, 1st Air Cavalry
Division, on 17 January 1969.  This award is not shown on the applicant's
DD Form 214.

13.  The applicant was awarded the Air Medal, first through ninth oak leaf
cluster, for meritorious achievement while participating in aerial flight
in the Republic of Vietnam, by General Orders Number 4296, published by
Headquarters, 1st Air Cavalry Division (Airmobile), on 7 April 1969.  This
award is not shown on the applicant's DD Form 214.

14.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
he consistently received "excellent" conduct and efficiency ratings.  There
is no evidence of any breach of good order or discipline in his service
personnel record that would preclude award of the Good Conduct Medal to
him.
15.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

16.  While in Vietnam, the applicant participated in the following four
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase IV,
which extended from 2 April through 30 June 1968; the Vietnam
Counteroffensive, Phase V, which extended from 1 July through 1 November
1968; the Vietnam Counteroffensive, Phase VI, which extended from 2
November 1968 through 22 February 1969; and the Tet 69 Counteroffensive,
which extended from 23 February through 8 June 1969.

17.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows the 79th Quartermaster
Platoon was awarded the Meritorious Unit Commendation, for the period 1
November 1967 through 31 May 1968, by Department of the Army General Order
(DAGO) Number 39, dated 1970; and the 229th Aviation Battalion was awarded
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period 9 August 1965 through 19 May 1969, by DAGO 59 dated 1969.  The
applicant was assigned to these units at the time they was cited for these
unit awards.

18.  AR 600-8-22 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:  a.) the wound was
the result of hostile action, b.) the wound must have required treatment,
and c.) the medical treatment must have been made a matter of official
record.

19.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal is awarded to individuals who
distinguish themselves by their conduct, efficiency and fidelity during a
qualifying period of active duty enlisted service.  This period is 3 years
except in those cases when the period for the first award ends with the
termination of a period of Federal military service.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  To be eligible for award of the Good Conduct Medal, Soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

20.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

21.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be
presented to show that the Soldier was wounded as the result of hostile
action, the wound must have required treatment, and the medical treatment
must have been made a matter of official record.

2.  There is insufficient evidence to show the applicant was wounded as a
result of hostile action. There were no entries made in his service
personnel records to show he was wounded as a result of hostile action and
no orders were published to award him the Purple Heart.

3.  The applicant's alleged ex-platoon leader, the person who authored the
statement of support, on 2 July 1984, more than 15 years after the
applicant departed from Vietnam, identified himself; however, he did not
identify the unit to which he was assigned at the time he [the platoon
leader] himself was wounded by mortar concussion.  He stated he arrived in
Vietnam on 10 July 1968, was wounded [on an unspecified date], and spent
one month in the 71st Evacuation Hospital.  He then states [the applicant]
arrived at the hospital on about 23 July 1968, implying he [the platoon
leader] was already there.  The remainder of the statement is not a first
hand account but a recollection of what the platoon leader's assistant
platoon sergeant allegedly explained to him about how the applicant came to
be wounded.

4.  The events described by the platoon's assistant platoon sergeant and
the platoon leader's recollections were not sufficiently concise to be of
any value and are not corroborated by official documents.  The statement
does not give sufficient
information and an indication if they were in a defensive posture in base
camp or in the field, whether it was a day or night assault by the alleged
enemy, or why the applicant was "popping" the flare that exploded.

5.  The evidence shows the applicant did sustain a burn to his left hand.
He was medically evacuated from Vietnam and received treatment at the 106th
General Hospital in Japan; however, the available medical documentation
does not show that the cause of the burns was related to combat action with
a hostile enemy.

6.  Based on the evidence in this case, the applicant is not entitled to
award of the Purple Heart and to have it added to his DD Form 214.

7.  The evidence shows the applicant was awarded the Aircraft Crewman Badge
and the Air Medal, first through ninth oak leaf cluster, while he served in
Vietnam; however, these awards are not shown on his DD Form 214.  He is
entitled to have these awards added to his DD Form 214.

8.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of administrative oversight rather than something
that the applicant did to disqualify himself from this award.  He is
therefore eligible for award of the Good Conduct Medal for the period 6
June 1967 through 22 April 1969.

9.  The applicant served in four campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with four
bronze service stars, as opposed to the Vietnam Service Medal now shown on
his DD Form 214.

10.  The applicant served in units, which were awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation, and the Meritorious
Unit Commendation while he was a member of the unit.  These unit awards
are not shown on his DD Form 214.  He is entitled to these unit awards and
to have them added to his DD Form 214.

11.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 April 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
21 April 1972.  Although the applicant did not file within the ABCMR's 3-
year 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

__BJE __  __MJF___  __LDS__  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.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  adding the already-awarded Aircraft Crewman Badge and the Air
Medal, first through ninth oak leaf cluster, to the applicant's DD Form
214;

      c.  awarding the applicant the Vietnam Service Medal, with four
bronze service stars, and adding this award to his DD Form 214;

      d.  awarding the applicant the Good Conduct Medal for the period 6
June 1967 through 22 April 1969 and adding this award to his DD Form 214;
and

      e.  awarding the applicant; the Meritorious Unit Commendation, and the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding
these unit awards to his DD Form 214.

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 to the applicant and its addition to his DD Form
214.




                            ____Barbara J. Ellis___________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060009814                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070201                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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