RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         16 March 2006
      DOCKET NUMBER:  AR20050009305


      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:

|     |Mr. James B. Gunlicks             |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Richard G. Sayre              |     |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.

2.  The applicant remained silent.  He deferred to his Vietnam-wartime
commander to state his case for award of the Purple Heart.

3.  The applicant provides a letter addressed "To Whom it May Concern,"
dated 11 June 2005, from his Vietnam-wartime commander, and a copy of a DA
Form 1594, Daily Staff Journal or Duty Officer's Log, for the period
covered from 0001 hour, through 2400 hours, 19 November 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 20 January 1970, the date of his release from
active duty.  The application submitted in this case is dated 16 June 2005.

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 records show he was inducted into the Army of the
United States on 19 January 1968.  He completed his basic combat training
at Fort Jackson, South Carolina, and his advanced individual training at
Fort Gordon, Georgia.  After completing all required training, he was
awarded the military occupational specialty (MOS), 11B (Light Weapons
Infantryman).

4.  The applicant was assigned to Vietnam and he arrived there on 6 July
1968.  He was assigned to Company D, 2nd Battalion, 8th Cavalry Regiment,
1st Cavalry Division (Airmobile).  The applicant served with this unit in
Vietnam until 4 July 1969 when he was returned to the United States and
assigned to Fort Riley, Kansas.

5.  The applicant was released from active duty on 20 January 1970, under
the provisions of Army Regulation (AR) 635-200, Expiration of Term of
Service, in the rank and pay grade of Sergeant, E-5, with 2 years and 2
days active military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, Armed Forces
of the United States, Report of Transfer or Discharge, shows he was
awarded:  the Good Conduct Medal; the National Defense Service Medal; the
Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Combat
Infantryman Badge; the Sharpshooter Marksmanship Qualification Badge, with
Rifle Bar; and two overseas service bars.  The Purple Heart is not shown
among his awards.

7.  There are no orders in the applicant's service personnel records to
show that he was awarded the Purple Heart.  There is no entry in Item 41
(Awards and Decorations), of the applicants DA Form 20, Enlisted
Qualification Record, to show he was awarded the Purple Heart.  The
applicant's name does not appear on the Vietnam Casualty List.

8.  An entry was made in the daily staff journal for the 2nd Battalion,
8th Cavalry, on 19 November 1968.  This entry, Item 18, in the daily staff
journal states in part, " . . . aircraft hit tree on final L/O [landing
operation], (2) US WIA [wounded in action] fell out of chopper.  M/guns &
radios extracted fm chopper.  The (2) birds preceding the last sortie
recv'd fire, (1) burst 6-7 rds, 200 mm fm S/SE."

9.  The applicant's wartime unit commander who is mentioned specifically by
name, in item 19, of the daily staff journal, submitted a letter of support
for award of the Purple Heart to the applicant.  In this letter, he
identifies the applicant as one of the two Soldiers who fell out of the
chopper after it struck a tree while taking evasive action due to the
hostile fire.

10.  The applicant's Vietnam-wartime commander adds that ensuring that
Soldiers receive awards to which they are entitled is a commander's
responsibility and in this case, it appears he let the applicant down.
He asks for the opportunity to correct his oversight.  The applicant's
Vietnam-wartime commander remained in the Army making it his career and
retired as a lieutenant colonel.

11.  The applicant underwent a separation physical examination on 19
December 1969.  During the clinical evaluation phase of the examination,
the examining physician noted that the applicant had sustained an injury
to his spine and as a result he experienced left sciatic pain,
intermittently.  The spinal injury, the examining physician opined, was
due to a helicopter crash the applicant was in while in RVN (the Republic
of Vietnam).  A Standard Form (SF) 88, Report of Medical Examination, was
prepared to document the result of this separation physical examination.

12.  The applicant was awarded the Air Medal, for meritorious achievement
while participating in aerial flight in the Republic of Vietnam, for the
period July 1968 through June 1969, by General Orders Number 7079,
published by Headquarters, 1st Cavalry Division (Airmobile), dated 4 June
1969.  This award was omitted from the applicant's DD Form 214 on his
release from active duty.

13.  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 campaign participation.

14.  While in Vietnam, the applicant participated in the following four
campaigns:  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; the Tet 69
Counteroffensive, which extended from 23 February through 8 June 1969; and
the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October
1969.

15.  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.

16.  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 that the unit the applicant was assigned to,
Company D, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division
(Airmobile), was awarded the Republic of Vietnam Gallantry Cross, with
Palm, Unit Citation, for the period 9 August 1965 through 19 May 1969, by
Department of the Army General Order (DAGO) Number 59, dated 1969 and for
the period May 1969 through February 1970, by DAGO 42, dated 1972.  These
unit awards are not shown on his DD Form 214.

17.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not
wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  This precludes wear of the Vietnamese Fourragere, which
represents additional unit awards of the Republic of Vietnam Gallantry
Cross.  Although wear of multiple awards of the unit citation is not
authorized, official military personnel and historical records will
indicate all awards received.  In those instances, however, where a single
unit receives duplicate Vietnamese unit awards during the same period, only
one unit citation will be recorded in the official military personnel and
historical records.

18.  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.

19.  Army Regulation 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 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.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that on 19 November 1968, a helicopter
belonging to the applicant's unit hit a tree and crashed to the ground
while evading enemy fire.  The evidence shows that two Soldiers fell out of
the helicopter when it crashed.  The applicant's Vietnam-wartime commander
identified the applicant as one of the two Soldiers who fell out of the
helicopter.

2.  There is no documentary evidence of the treatment that the applicant
might have received, if any, on the day of the helicopter crash.  During
his separation physical examination, a notation about a residual
intermittent pain the applicant experienced, which the examining physician
attributed to an injury the applicant received in the helicopter crash was
made.

3.  Despite the lack of an official record of treatment on the day of the
helicopter crash, three documents:  a) the contents of the letter of
support provided by the applicant's Vietnam-wartime commander who went on
after Vietnam and completed his Army career in the rank of lieutenant
colonel,  b) the daily staff journal of the applicant's Vietnam unit, and
c) the notation on the SF 88, work in unison to support the applicant's
request that he be awarded the Purple Heart.

4.  The basic intent of the awards regulation, to provide recognition to
members of the Armed Forces who have been wounded in action against an
enemy of the United States, has been met; and notwithstanding the absence
of an official record of treatment for on the day of the helicopter crash,
the applicant is therefore entitled to award of the Purple Heart.

5.  The applicant was awarded the Air Medal for his service in Vietnam.
The Air Medal was inadvertently omitted from his DD Form 214 on his
release from active duty.  He is therefore entitled to have the Air Medal
added to his DD Form 214.

6.  The applicant participated in four campaigns during his tour of duty in
Vietnam.  He is therefore entitled to award of four bronze service stars to
be affixed to his already-awarded Vietnam Service Medal and to have them
shown on his separation document.

7.  The applicant served in a unit, which was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation (two awards).  He is
entitled to these unit awards and to have them added to his DD Form 214.

BOARD VOTE:

__RGS  _  __SAP__  __JBG __  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 the applicant the Purple Heart for injuries he receive
on 19 November 1968 in Vietnam and adding this award to his DD Form 214;

      b.  adding the already-awarded Air Medal to the applicant's DD Form
214;

      c.  awarding the applicant four bronze service stars to be affixed to
his already-awarded Vietnam Service Medal, to denote his participation in
four campaigns while he served in Vietnam, and to be shown on his DD Form
214 as the Vietnam Service Medal, with four bronze service stars; and


      d.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation (two awards), and adding these unit awards to his
DD Form 214.




                            _____James B. Gunlicks___
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2050009305                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060316                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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