RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            26 FEBRUARY 2004                  
	DOCKET NUMBER:   AR2003093361

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. John T. Meixell		Member	
	Ms. Mae M. Bullock		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 that his DD Form 214 (Report of Separation) be corrected to show award of the Purple Heart with oak leaf cluster. 

2.  The applicant states that the award is omitted from his DD Form 214.

3.  The applicant provides a copy of a certificate awarding him the Purple Heart, first oak leaf cluster, for wounds received in action on 1 March 1970.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 16 February 1972.  The application submitted in this case is dated 6 May 2003.  

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 enlisted in the Army for three years on 26 June 1969, completed training and in January 1970 was assigned to the 195th Assault Helicopter Company in Vietnam as a door gunner.  Orders contained in the applicant's official military personnel file (OMPF) show that he was awarded the Air Medal for meritorious service, the Air Medal with "V" device for heroism, and the Aircraft Crewmember Badge.  

4.  On 17 June 1970, Headquarters, 12th Aviation Group published General Orders Number 19 awarding the applicant the second award of the Purple Heart. The applicant's DA Form 20 (Enlisted Qualification Record) likewise indicates award of the Purple Heart (second award), and indicates that he received a fragmentation wound to his right arm on 28 February 1970, and sustained bruises from a helicopter crash on 1 March 1970.     

5.  The applicant returned to the United States in December 1970 and in January 1971 was assigned to D Troop, 3d Squadron, 12th Cavalry in Germany.  He participated in four campaigns during his tour in Vietnam, and the 195th was 

awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its actions while the applicant was assigned to that unit.  He returned to the United States from Germany and was released from active duty on 16 February 1972.  

6.  His DD Form 214 does not show award of the Purple Heart, award of the Air Medal for meritorious service, the Aircraft Crewmember Badge, the above-mentioned unit awards, nor does it show, by annotation of bronze service stars to the award of the Vietnam Service Medal, the number of campaigns in which he served.  

7.  The applicant reenlisted in the Army for three years on 6 August 1974.  He was discharged on 12 October 1977.  His 12 October 1977 also does not show award of the Purple Heart or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, nor does it indicate the number of campaigns in which he served.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was twice wounded in Vietnam and was awarded the Purple Heart with oak leaf cluster.  Those awards should be shown on his                   DD Forms 214.  He was awarded the Aircraft Crewmember Badge.  That award should be reflected on his 16 February 1972 DD Form 214.      

2.  The applicant is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Those awards should be shown on his DD Forms 214.  

3.  The applicant participated in four campaigns in Vietnam.  His DD Forms 214 should reflect award of the Vietnam Service Medal with four bronze service stars (one for each campaign).

BOARD VOTE:

__AAO __  ___JTM _  __MMB  _  GRANT 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 showing award of the Purple Heart with oak leaf cluster, the Aircraft Crewmember Badge, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Service Medal with four oak leaf clusters.

		__  Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2003093361	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040226	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.04	
2.		
3.		
4.		
5.		
6.