RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 May 2007
      DOCKET NUMBER:  AR20060016997


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughnessy       |     |Member               |
|     |Mr. James R. Hastie               |     |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 award of the Purple Heart.

2.  The applicant states that he be awarded the Purple Heart for injuries
received at the hand of the enemy while in the Republic of Vietnam (RVN).

3.  The applicant provided no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 July 1970.  The application submitted in this case is
dated
22 November 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 DD Form 214 shows he entered into the Regular Army on
19 July 1967.  He was awarded the military occupational specialty (MOS)
Administration (71B).  The highest rank he attained while serving on active
duty was Specialist (SP4).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 29 October 1968 through 29 October 1969 and that
during his RVN tour he was assigned to Data Service Center, USARV from
7 November 1968 through 4 May 1969, performing duties in MOS 74C, Personnel
Account Specialist and from 5 May 1969 through 23 October 1969 he was
assigned to the 116th Assault Helicopter Company, performing duties in MOS
67A, Door gunner.

5.  Item 39 (Campaigns) of the applicant's DA Form 20 shows he participated
in the Vietnam Counteroffensive Phase V, the Vietnam Counteroffensive Phase
VI, and the TET Counteroffensive Campaigns.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he
earned the National Defense Service Medal (NDSM), the Vietnam Service Medal
(VSM), the Republic of Vietnam Campaign Medal (RVNCM) with “60” Device, the
Air Medal, and two overseas service bars.

7.  On 22 November 1968, the applicant was honorably discharged after
completing a total of 2 years, 11 months, and 29 days of active military
service.  The DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) he was issued shows he earned the following awards
during his active duty tenure:  NDSM, VSM, the AM, the VCM, and the Expert
Marksmanship Qualification with Badge with Rifle Bar (M-14).

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does
not show award of the Purple Heart.  Section 41 (Awards and Decorations) of
the applicant's DA Form 20 does not show award of the Purple Heart.
Section 42 (Remarks) of the applicant’s DA Form 20 (Service Record) does
not show any entries for wounds received.

9.  The Vietnam Casualty Roster does not list the applicant as wounded by
hostile forces.  There are no general orders that show the applicant was
awarded the Purple Heart.  There is no evidence in the available records
which show that the applicant sustained injuries as a result of hostile
action or that he was treated for wounds sustained as a result of hostile
action.

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 by a medical officer, and the medical treatment must have been
made a matter of official record.

11.   A  review  of  the  applicant’s  records  indicates   entitlement   to
additional awards and decorations that are not shown on his DD Form 214.

12.  General Orders number 4498, Headquarters, 1st Aviation Brigade, dated
11 September 1969, show that the applicant was awarded the Army
Commendation Medal for meritorious service from October 1968 through
October 1969.

13.  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 unit to which the applicant
was assigned, the 116th Assault Helicopter Company was cited for award of
the Vietnam Gallantry Cross Unit Citation with Palm for the period 12 July
1965 through 16 October 1968 by Department of the Army General Orders
Number 8, dated 1974.

14.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment to the 116th Assault Helicopter Company, it was
cited for award of the Republic of Vietnam Civil Actions Honor Medal, First
Class for the period 5 May 1969 to 23 October 1969 by Department of the
Army General Orders Number 55, dated 1971.

15.  Paragraph 2-13 provides guidance on the Vietnam Service Medal.  It
states, in pertinent part, that one bronze service star is authorized with
this award for each RVN campaign a member is credited with participating in
while serving in the RVN.  Table B-1 contains a list of RVN campaigns, and
it shows that during his tenure of assignment, the applicant was credited
with participating in the Vietnam Counteroffensive Phase V, the Vietnam
Counteroffensive Phase VI, and the TET Counteroffensive Campaigns.

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 service personnel records which
shows that he was wounded or injured as a result of hostile action or
treated for such wounds. The applicant is not listed on the Vietnam
Casualty Roster.  In the absence of such evidence, there is insufficient
basis to grant award of the Purple Heart.

3.  Records show the applicant participated in 3 campaigns during his
service in Vietnam.  Therefore, he is eligible for award of 3 bronze
service stars to be affixed to his already awarded VSM.

4.  General Orders Number 4498, dated 11 September 1969, show the 116th
Assault Helicopter Company was awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation which is not shown on his separation
document.  Therefore, he is entitled to correction of his records to show
this award.

5.  General Orders Number 8, dated 1974, show the 116th Assault Helicopter
Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation which is not shown on his separation document.  Therefore, he is
entitled to correction of his records to show this award.
6.  General Orders Number 55, dated 1971, show the 116th Assault Helicopter
Company was awarded the Republic of Vietnam Civil Actions Honor Medal,
First Class which is not shown on his separation document.  Therefore, he
is entitled to correction of his records to show this award.

7.  The record confirms that the applicant is entitled the VSM with 3
bronze service stars, the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First
Class, 2 overseas service bars.

8.  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.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 July 1970 therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
16 July 1973.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____HOF_  ___TEO_  ___JRH _  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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

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 to show award of the Army Commendation Medal, 3 bronze service
stars affixed to his already awarded VSM, the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions
Honor Medal, First Class.




                                         __Hubert O. Fry______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060016997                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/05/22                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |MR.SCHWARTZ                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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