RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 January 2004                   
	DOCKET NUMBER:   AR2003091177

	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:

	Ms. Joann Langston		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ronald J. Weaver		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states that he was wounded in action on 13 December 1967 in Vietnam.

3.  The applicant provides an award certificate for the Purple Heart. 

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 7 June 1969.  The application submitted in this case is dated 8 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 on 6 June 1966 for a period of 3 years.  He served as an aircraft maintenance crewman assigned to Headquarters and Headquarters Company, 3rd Brigade of the 4th Infantry Division (which was redesignated as Headquarters and Headquarters Company, 3rd Brigade of the 25th Infantry Division on 1 August 1967) in Vietnam from 28 July 1967 until he was transferred to Troop D, 3rd Squadron, 4th Cavalry of the 25th Infantry Division on an unknown date.  He was wounded in action on 13 December 1967 and hospitalized.  The applicant served as a helicopter mechanic assigned to Troop D, 3rd Squadron, 4th Cavalry of the 25th Infantry Division in Vietnam from 
4 March 1968 through 25 June 1968.  On 7 June 1969, the applicant was released from active duty.

4.  The applicant's DD Form 214 shows the Vietnam Campaign Medal, the Air Medal with Fourth Oak Leaf Cluster, the Aircraft Crewman Badge, the National Defense Service Medal, the Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards. 

5.  12th Evacuation Hospital General Orders Number 230, dated 21 December 1967, show the applicant received the Purple Heart for wounds received in action on 13 December 1967 in Vietnam.

6.  The applicant's service personnel records show that he participated in four campaigns during his assignment in Vietnam.  

7.  Department of the Army Pamphlet 672-3 shows the applicant's unit (Headquarters and Headquarters Company, 3rd Brigade, 4th Infantry Division) is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period October 1966 to 1 August 1967 based on Department of the Army General Orders Number 48, dated 1971.

8.  Department of the Army Pamphlet 672-3 also shows the applicant's unit 
(Headquarters and Headquarters Company, 3rd Brigade, 25th Infantry Division) is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 1 August 1967 to 21 January 1970 based on Department of the Army General Orders Number 51, dated 1971.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 
3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Purple Heart for wounds received in action on 13 December 1967 in Vietnam.

2.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.

3.  The applicant's unit (Headquarters and Headquarters Company, 3rd Brigade, 4th Infantry Division) received the Republic of Vietnam Gallantry Cross with Palm 
Unit Citation while he was assigned to it.  His unit (Headquarters and Headquarters Company, 3rd Brigade, 25th Infantry Division) received the 

Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. 

BOARD VOTE:

JL_____  AAO_____  RJW_____  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 that he was awarded the Purple Heart, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

		__Joann Langston______
		        CHAIRPERSON

INDEX

CASE ID	AR2003091177	
SUFFIX		
RECON		
DATE BOARDED	20040122	
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.