RECORD OF PROCEEDINGS


	IN THE CASE OF:     
	 

	BOARD DATE:          18 October 2005                   
	DOCKET NUMBER:  AR20050001613


	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. Richard P. Nelson

Analyst


The following members, a quorum, were present:


Mr. John N. Slone

Chairperson

Ms. Linda D. Simmons

Member

Mr. Kenneth W. Lapin

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 (First Oak Leaf Cluster) for wounds sustained as a result of hostile action in Vietnam on 24 June 1969.

2.  The applicant states, in effect, that he was wounded a second time on 24 June 1969 and did not receive a Purple Heart for wounds incurred on that date.  He states that he did receive a Purple Heart as a result of wounds incurred on 2 December 1968.

3.  The applicant provides copies of: his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); Headquarters, 1st Aviation Brigade General Orders Number 6271, dated 3 December 1969, announcing award of the Bronze Star Medal for Heroism to the applicant for actions on 24 June 1969; and, a certificate awarding the Purple Heart to the applicant for wounds received in Vietnam on 2 December 1968.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an alleged error that occurred on 13 March 1970.  The application submitted in this case is dated 22 January 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 that he enlisted in the Regular Army on 23 January 1967.  He completed basic training, and then attended the Warrant Officer Rotary Wing Aviator Course.  He was appointed a warrant officer on 12 March 1968 and assigned to Vietnam, where he served as a helicopter pilot with the 121st Aviation Company (Assault Helicopter) from 5 April 1968 to 24 June 1969.  He was medically evacuated to Japan on 1 July 1969 as a result of wounds (fractured cervical vertebra) incurred on 24 June 1969, when the helicopter he was piloting crashed and burned as a result of enemy fire.  The applicant was later transferred to Madigan General Hospital in Tacoma, Washington.  He was separated from active duty on 13 March 1970 in pay grade W-2 and placed on the Temporary Disability Retired List the following day.  He was removed from the Temporary Disability Retired List and discharged, with entitlement to severance pay, by reason of physical disability, on 28 December 1971.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows that he is entitled to the following decorations: the Bronze Star Medal with “V” Device and First Oak Leaf Cluster; the Air Medal; the Purple Heart; the Vietnam Service Medal; the National Defense Service Medal; the Republic of Vietnam Campaign Medal with Device (1960); and, the Army Aviator Badge.  No other awards or decorations are listed.

5.  The citation in the orders, awarding the Bronze Star Medal for Heroism to the applicant, indicates that the applicant’s aircraft was shot down by enemy fire, crash landed, and burned.  It also indicates that the applicant suffered a “seriously fractured neck” during the crash.

6.  There are no orders, or other form of evidence, in the applicant’s records that show he was awarded the Purple Heart for wounds received on 2 December 1968.  That portion of the Vietnam Casualty Roster, where the applicant’s name would likely be listed, is not readable.

7.  In the processing of this case, the staff of the Board contacted the applicant and requested he provide a copy of any evidence of the Purple Heart currently in his possession.  The applicant offered to fax a copy of the certificate, which he stated is currently displayed in his den.  When asked if he had a copy of orders, announcing award of the Purple Heart on 2 December 1968, the applicant stated he does not.  The applicant then faxed a copy of the certificate to the staff of the Board.  In the record of transmittal the applicant makes the following comment: “The other signature on the citation is very faded.  It was signed by a Robert ‘W’, I couldn’t make out if it was Westmorlan or not, but the last name started with a W.”  According to the certificate provided by the applicant he was awarded the Purple Heart for wounds received in action on 2 December 1968.  The certificate reflects the signature of Stanley R. Resor, Secretary of the Army.

8.  A Western Union telegram from The Adjutant General of the Army, dated 27 June 1969, informed the applicant’s parents that the applicant was slightly wounded in Vietnam on 24 June 1969 as a result of hostile action.  It further stated that he received a fracture of the sixth cervical vertebrae when the aircraft he was piloting received ground fire from a hostile force, crashed and burned.

9.  A Western Union telegram from the applicant’s father to Senator Henry M. Jackson, dated 18 June 1969, stated that the applicant was wounded in December of 1968.

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, 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.

11.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment. 

12.  Headquarters, United States Army Aviation School Regiment General Orders Number 13, dated 29 January 1968, announced award of the Good Conduct Medal (First Award) to the applicant.

13.  Department of the Army General Orders Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

14.  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.  The appendix shows that the applicant is entitled to wear one bronze service star for each the following Vietnam campaigns: Vietnam Counteroffensive Phase IV; Vietnam Counteroffensive Phase V; Vietnam Counteroffensive Phase VI; Tet 69 Counteroffensive; and, Vietnam Summer-Fall 1969.  The regulation also provides that a silver service star will be worn instead of five bronze service stars.


DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant’s records awarding him the Purple Heart for wounds received on 2 December 1968.  However, one Purple Heart is listed on his DD Form 214, his award certificate is signed by the appropriate Secretary of the Army, and the date of the award coincides with his dates of service in Vietnam.  Additionally, the telegram sent by the applicant’s father to Senator Jackson, 6 days prior to the action which resulted in his being medically evacuated, indicates the fact that he received his first Purple Heart for wounds incurred in December of 1968.  Accordingly, it would be appropriate to presume that the Purple Heart indicated on his separation document is the first award for wounds received on 2 December 1968.

2.  There is sufficient evidence of record to show the applicant was wounded again, as a result of hostile action, on 24 June 1969.  Therefore, he is entitled to a second Purple Heart, and correction of his records to show this decoration.

3.  General Orders show the applicant is entitled to the First Award of the Good Conduct Medal.  Therefore, he is entitled to correction of his records to show this award.

4.  General Orders show that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled to correction of his records to show this unit award.

5.  Evidence of record shows that the applicant received the Vietnam Service Medal and participated in five campaigns.  As a result, he is entitled to award of one silver service star, to be affixed to the Vietnam Service Medal, and correction of his records to show this appurtenance.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 13 March 1970.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 12 March 1973.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case based on the fact there is no statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

___jns___  ___kwl__  ___lds __  GRANT 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 showing award of:

a. the Purple Heart (First Oak Leaf Cluster) for wounds received as a result of hostile action on 24 June 1969 in the Republic of Vietnam;

b. the Good Conduct Medal (First Award);

c. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;

d. one silver service star, to be affixed to the Vietnam Service Medal.




		__________John N. Slone___________
		        CHAIRPERSON





INDEX

CASE ID
AR20050001613
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051018
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.

2.

3.

4.

5.

6.