RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2006
      DOCKET NUMBER:  AR20060007454


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael 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 award of the Purple Heart.

2.  The applicant states he was recommended for a Purple Heart while in
Vietnam.  The aircraft he was flying crashed while he was on a combat
mission.

3.  The applicant provides no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 February 1971.  The application submitted in this case is
dated 5 May 2006.

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.  After having had prior service in the U.S. Navy and the U.S. Air Force,
the applicant was appointed as a Reserve warrant officer on 31 July 1963
with a concurrent call to active duty.

4.  The applicant was assigned to the 14th Aviation Battalion in Vietnam
on 13 November 1965.  He was reassigned to the 131st Aviation Company on
31 March 1966.

5.  He departed Vietnam on 12 November 1966 and was credited with
participation in three campaigns.

6.  General orders published on 11 February 1969 show the applicant was
awarded the Army Commendation Medal with “V” Device for heroic actions on
17 June 1966 in Vietnam while serving as a pilot.  The citation for the
award does not indicate he was wounded or injured as a result of hostile
action during the combat operation.


7.  The applicant was reassigned to Vietnam on 29 December 1968 with
Headquarters and Headquarters Detachment, 1st Aviation Battalion, 1st
Infantry Division.  He was reassigned to Company B, 1st Aviation Battalion,
1st Infantry Division in Vietnam on 4 January 1969.

8.  Block 18 (Record of Assignments) on his DA Form 66 (Officer
Qualification Record) shows the applicant was transferred from Vietnam to
the Medical Holding Detachment, U.S. Army Hospital at Fort Sill, Oklahoma
on 28 September 1969.

9.  The applicant was credited with participation in three additional
campaigns for service in Vietnam.

10.  There are no orders in the applicant's personnel records which show he
was awarded the Purple Heart.  His name is not included on the Vietnam
Casualty Roster.

11.  The applicant’s service personnel records contain a DA Form 2496-1
(Disposition Form), dated 20 November 1970, which shows he was placed on
medical hold for approximately 90 days for the purpose of receiving further
medical care.  The applicant was diagnosed as having a ruptured tibial
collateral ligament and medial meniscus (left knee).  The document
indicates that his prognosis was good and he was hospitalized for
approximately 10 days.

12.  On 1 December 1970, the applicant voluntarily submitted a request to
be relieved from active duty and placed on the retired list.  He underwent
a physical for retirement on 28 December 1970.  His Report of Medical
Examination (Standard Form 88) indicates he had a scar on his right knee.
The medical document shows he had Aerophagia, healed compression fractures,
and a recent knee injury in Block 76 (Summary of Defects and Diagnoses).

13.  The applicant was released from active duty on 28 February 1971 and
placed on the retired list on the following date.  His DD Form 214 shows he
was awarded the Air Medal with Numeral “10”, the Bronze Star Medal, the
National Defense Service Medal (First Oak Leaf Cluster), the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal with Device (1960),
and the Army Commendation Medal with “V” Device.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to
the 14th Aviation Battalion, this unit was cited for award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation by Department of the
Army General Orders (DAGO) Number 22, dated 1968.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 131st Aviation Company, this unit was cited
for award of the Valorous Unit Award by DAGO Number 5, dated 1973.

16.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 1st Aviation Battalion, this unit was cited
for award of the Meritorious Unit Commendation by DAGO Number 53, dated
1970.

17.  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.

18.  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 regulation states
that a silver service star is authorized in lieu of five bronze service
stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was recommended for a Purple Heart in
Vietnam.  However, there are no orders which authorize award of the Purple
Heart to the applicant and his name is not listed on the Vietnam Casualty
Roster.

2.  The Disposition Form, dated 20 November 1970, and the applicant’s
medical documents indicate he had a knee injury.  However, there is no
evidence of record which verifies his injury was a result of hostile action
during a combat mission in Vietnam.  The general orders awarding him the
Army Commendation Medal with “V” Device does not indicate he sustained a
wound or injury during the combat operation.  Therefore, there is
insufficient evidence on which to base correction of his records to show
award of the Purple Heart.

3.  The applicant served two tours in Vietnam and received credit for
participation in a total of six campaigns.  Therefore, his DD Form 214
should be administratively corrected to show one silver service star and
one bronze service star for wear on his Vietnam Service Medal.

4.  The applicant was assigned to a unit during a period it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation,
the Valorous Unit Award, and the Meritorious Unit Commendation.  Therefore,
these awards should be added to his DD Form 214.

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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 February 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 27 February 1974.  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:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JS______  LE______  MF______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 one silver service star and one bronze service star for wear on his
already-awarded Vietnam Service Medal, the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, the Valorous Unit Award, and the Meritorious
Unit Commendation.




                                  John Slone____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007454                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061214                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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