RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2007
      DOCKET NUMBER:  AR20070006248


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Susan A. Powers               |     |Chairperson          |
|     |Mr. Edward E. Montgomery          |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 he failed to receive the Purple Heart through an
administrative error.

3.  The applicant provides a Patient Evacuation Tag, dated 6 July 1970; a
Treatment and Progress Report; two DA Forms 8-275-2 (Clinical Record Cover
Sheet); two pages (possibly a Narrative Summary) from his Medical
Evaluation Board proceedings; a Department of Veterans Affairs Rating
Decision; and his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the applicant be awarded the Purple Heart.

2.  Counsel states that in the applicant’s haste to be discharged he failed
to note that the Purple Heart was missing from his discharge document.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 25 August 1969.  He
completed basic combat training and advanced individual training (AIT) and
was awarded military occupational specialty (MOS) 67N (UH-1 Helicopter
Repairman).

3.  The applicant arrived in Vietnam and was assigned to the 119th Aviation
Company on 20 April 1970.

4.  The applicant was injured as a result of hostile action by a rocket
explosion on 3 July 1970.  On 7 July 1970, his unit commander recommended
him for award of the Purple Heart.  On 9 July 1970, he was medically
evacuated to Camp Zama, Japan.  He was credited with participation in two
campaigns.

5.  The applicant provided a DA Form 8-275-2, prepared at Camp Zama, Japan,
that indicated the Purple Heart had not been awarded at that facility.

6.  Headquarters, 1st Aviation Brigade General Orders Number 7831, dated
  13 August 1970, awarded the applicant the Air Medal.

7.  On 10 November 1970, the applicant was retired in pay grade E-4 and
placed on the Temporary Disability Retired List after completing 1 year, 2
months, and 16 days of creditable active service with no lost time.  His DD
Form 214 shows he was awarded the National Defense Service Medal, the
Vietnam Service Medal, the Marksman Marksmanship Qualification Badge (M-
14), and the Republic of Vietnam Campaign Medal.

8.  The applicant’s records contain no derogatory information.  His DA Form
     20 (Enlisted Qualification Record) shows he received “excellent”
conduct and efficiency ratings throughout his enlistment.

9.  Army Regulation 600-8-22 (Military Awards) states 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
military medical personnel, and the medical treatment must have been made a
matter of official record.

10.  Army Regulation 600-8-22 authorizes award of a bronze service star,
based on qualifying service, for each campaign listed in Appendix B of this
regulation.  Authorized bronze service stars will be worn on the
appropriate campaign or service medal, including the Vietnam Service Medal.

11.  Army Regulation 600-8-22 authorizes permanent award of the Basic
Aviation Badge (formerly known as the Aircraft Crew Member Badge) to
individuals    upon successful completion of AIT in career management
fields 67 (aircraft maintenance) and 93 (aviation operations).

12.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated the Army
Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award
only, upon termination of service on or after 27 June 1950 of less than 3
years but more than 1 year.  At the time, a Soldier’s conduct and
efficiency ratings must have been rated as “excellent” for the entire
period of qualifying service.

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 that, at the time of the
applicant's assignment to the 119th Aviation Company, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period 1 April through 26 June 1970 by Department of the Army
General Orders Number 11, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was injured as a result of
hostile action.  On 7 July 1970, his unit commander recommended him for
award of the Purple Heart.  He departed the unit on 9 July 1970 when he was
medically evacuated to Camp Zama, Japan.  It is reasonable to believe that
the hospital at Camp Zama did not process an award of the Purple Heart for
the applicant believing his unit had done so, but that he departed his unit
prior to the final processing of his Purple Heart recommendation.

2.  Based upon the evidence of record, the applicant should be awarded the
Purple Heart for wounds received on 3 July 1970.

3.  The applicant completed over 14 months of creditable active service
with no lost time.  His records contain no derogatory information and his
conduct and efficiency were rated as “excellent” throughout his enlistment.
 It appears he met the eligibility criteria for award of the Army Good
Conduct Medal.

4.  The applicant was awarded the Air Medal.  This award should be added to
his DD Form 214.

5.  The applicant successfully completed AIT in a career management field
     67 MOS.  He therefore met the eligibility criteria for permanent award
of the Aviation Badge, and this award should be added to his DD Form 214.

6.  The applicant was credited with participation in two campaigns.  His DD
Form 214 should be amended to show he is authorized to wear two bronze
service stars on his Vietnam Service Medal.

7.  The applicant was assigned to a unit during a period of time that unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.  This unit award should be added to his DD Form 214.
BOARD VOTE:

__sap___  __eem___  __qas___  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.  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 received on 3 July 1970;

     b.  awarding him the first award of the Army Good Conduct Medal for
the period 25 August 1969 through 10 November 1970; and

     c.  amending his DD Form 214 to add the Purple Heart, the Army Good
Conduct Medal, the Air Medal, the Aviation Badge, and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and to show he is
authorized to wear two bronze service stars on his already-awarded Vietnam
Service Medal.




                            __Susan A. Powers_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006248                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20071004                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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