RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 September 2005
      DOCKET NUMBER:  AR20050004637


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 correction of his records to show award of the
Purple Heart.

2.  The applicant states, in effect, that he suffered a severe broken ankle
and facial scars while flying a combat mission in Vietnam.  He further
states that low fuel and severe weather caused the helicopter he flew in to
crash into the ocean. He continues that he and the crew members of the
helicopter where later rescued.  He states that he was transported to a
hospital for treatment for his injuries and later medically evacuated from
Vietnam.

3.  The applicant provides USARYIS Support Detachment Philippines Special
Orders Number 104, dated 1 October 1965; Headquarters, U.S. Army Element,
U.S. Naval Hospital Special Orders Number 148, dated 20 December 1965; a DA
Form 2496 (Disposition Form), dated 20 January 1966; a coordination
memorandum, dated 8 March 1966; and page 3 of his DA Form 66 (Officer
Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 8 February 1968.  The application submitted in this case is
dated 23 March 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 limitations 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 had prior enlisted service in the Army.  He was appointed
as a Warrant Officer in the Army as an Aircraft Repair Technician and
entered active duty on 9 February 1965.  He arrived in Vietnam and was
assigned to the 117th Aviation Company on or about 9 February 1965.  He
departed Vietnam on or about 28 September 1965.

4.  The applicant was honorably released from active duty on 8 February
1968 and assigned to the U.S. Army Reserve Control Group after being
credited with participating in two campaigns.

5.  His DD Form 214 (Armed Forces of the United States Report of Transfer
or Discharge) for the period ending 8 February 1968 shows he was awarded
the National Defense Service Medal, the Republic of Vietnam Campaign Medal
with Device (1960), the Armed Forces Expeditionary Medal, the Air Medal
with "V" device (Sixth Oak Leaf Cluster), the Valorous Unit Award, the
Distinguished Unit Emblem, and the Army Aviator Badge.

6.  There are no general orders in the applicant’s service personnel
records that show he was awarded the Purple Heart.  There also is no
evidence in his service personnel records that shows that he was wounded or
treated for wounds as a result of hostile action in Vietnam.  The
applicant's name is not listed on the Vietnam Casualty Roster.

7.  The applicant submitted general orders that show he was reassigned to a
Medical Holding Company for medical treatment.

8.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.
S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

9.  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.  When
contemplating an award of this decoration, the key issue that commanders
must take into consideration is the degree to which the enemy caused the
injury.  The fact that the proposed recipient was participating in direct
or indirect combat operations is a necessary prerequisite, but is not sole
justification for award.  This regulation also provides that there is no
statute of limitations on request for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that
show he was awarded the Purple Heart.  There is no evidence in the
available records and the applicant has not provided evidence that shows
his injury was a result of hostile action.  He acknowledged that it was
severe weather and low fuel rather than hostile action that caused the
helicopter to crash.

2.  In the absence of military records which show the applicant was injured
as a result of hostile action, there is an insufficient basis for award of
the Purple Heart in this case.

3.  The evidence of record confirms that the applicant served in Vietnam.
Therefore, he is eligible for award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.  His DD Form 214 should be amended to add
this award.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 February 1968.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 7 February 1971.  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.

5.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant's records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JEA___  __BPI  __  _MJF ___  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

2.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.




                            ____ James E. Anderholm _
                                                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050004637                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |22 September 2005                       |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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