RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2007
      DOCKET NUMBER:  AR20060010792


      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. Jeffrey Redmann               |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Mr. David Tucker                  |     |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.

2.  The applicant states, in effect, that he was injured in a helicopter
crash on
12 December 1964 in Vietnam.  He contends that he was physically given the
award; however, it is not shown on his DD Form 214.

3.  The applicant provides a DA Form 1049 (Personnel Action) dated 16
January 1965 and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 September 1966.  The application submitted in this case is
dated 17 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 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 on 20 September 1963 for a period of 3 years.
He served as a helicopter mechanic assigned to the 121st Aviation Company
in Vietnam from 15 November 1964 through 11 November 1965.  On 19 September
1966, he was released from active duty.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Armed Forces Expeditionary Medal (Vietnam), the Good Conduct Medal, the
Air Medal with “V” Device, one award of the Overseas Service Bar, and the
Expert Marksmanship Qualification Badge with Rifle Bar as authorized
awards.  Item 27 (Wounds Received as a Result of Action with Enemy Forces)
on his DD Form 214 shows the entry, “None,”

5.  There are no orders for the Purple Heart in the available records.
However, the Vietnam Casualty Roster shows the applicant was wounded in
action on
12 December 1964.

6.  In support of his claim, the applicant provided a DA Form 1049, dated
16 January 1965, which states the applicant was injured in a helicopter
crash on 12 December 1964.

7.  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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the applicant's unit is entitled
to the Valorous Unit Award for actions during the period 4-6 April 1965
based on Department of the Army General Orders Number 34, dated 1966.

9.  Department of the Army Pamphlet 672-3 also shows the applicant’s unit
is entitled to the Presidential Unit Citation for actions during the period

27-28 August 1965 based on Department of the Army General Orders Number 45,
dated 1969.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The entry on the Vietnam Casualty Roster which shows the applicant was
wounded in action on 12 December 1964 in Vietnam is accepted as sufficient
evidence on which to amend his DD Form 214 to show award of the Purple
Heart.

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

3.  The applicant’s unit was cited for award of the Valorous Unit Award and
the Presidential Unit Citation while he was assigned to it.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 19 September 1966; therefore, the time for the
applicant to file a request for correction of any error expired on 18
September 1969.  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.

BOARD VOTE:

JR_____  __RB____  __DT____  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.  amending his DD Form 214 to add the Purple Heart, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation,  the Valorous Unit Award,
and the Presidential Unit Citation;

      b.  deleting the entry in item 27 on his DD Form 214; and

      c.  adding the entry “Vietnam, 12 December 1964” in item 27 on his DD
Form 214.



                            __Jeffrey Redmann_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010792                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070118                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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