RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 March 2007
      DOCKET NUMBER:  AR20060012659


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Roland S. Venable             |     |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 flew gun ships with the 174th Aviation Company
in Vietnam.  He believes they were shot down in mid to late April 1970.  It
could have been May 1970.  Unfortunately, none of the photos taken show the
aircraft tail number.  The helicopter went down on Cork Pass.  The
helicopter was not recovered.  After they were shot down, their wing ship
had to leave because it was running low on fuel.  They were trying to
decide their best course of action when a Pelican Company helicopter
responded to their emergency transmitter and picked them up.  The
helicopter dropped them back at Duc Pho.  They all checked in at the First
Aid hooch.  There was no serious blood, just serious hurt. They all hurt
all over from when they crashed the helicopter and rolled down the hill.

3.  The applicant states they were supposed to be grounded for two days,
but he was needed and flew the next day.  He flew the rest of his tour.
When he returned to the States, he realized everything else had quit
hurting but his neck, which was killing him.  He was also getting real
blaster headaches.  He went to the hospital a few times, and one of the
doctors tried to accuse him of malingering.  He was sent to an orthopedic
surgeon, who took one look at the     x-rays and asked him when he broke
his neck.  The surgeon told him that his broken neck was a result of
wearing the early type, heavy ballistic helmet and that it was not an
uncommon injury from the helmet.  He should have been issued a newer-style
helmet.

4.  The applicant provides a letter dated 9 September 2005; his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) for the
period ending 19 April 1972; a 1 December 2004 letter from the National
Archives and Records Administration (NARA); a 23 December 1999 letter from
the Department of Veterans Affairs, Vocational Rehabilitation and
Counseling; five pages of service medical records dated 1971; two pages of
medical records dated 1984; an 8 October 2002 letter, apparently to his
Congressman; and three poor-quality copies of photographs of a helicopter
crash site.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 April 1972.  The application submitted in this case
was received on 30 August 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 enlisted service, the applicant was commissioned
and entered active duty on 7 July 1967 as a helicopter pilot.  He arrived
in Vietnam and was assigned to the 71st Aviation Company on or about 5
September 1969.

4.  On 13 November 1969, the Battalion Surgeon, 14th Aviation Battalion,
granted the applicant a medical clearance following an aircraft accident.

5.  The applicant’s Officer Evaluation Reports show he was assigned to the
174th Aviation Company on or about 15 February 1970.

6.  The applicant provided a 1 December 2004 letter from NARA, which
informed the applicant they could determine the 14th Aviation Battalion
lost five aircraft in March and May 1970.  The applicant emphasized the 9
May 1970 entry, which indicated a 174th Aviation gunship received small
arms fire on 9 May 1970, lost power, and burned.  NARA’s records indicated
the crew was taken out and no one was injured.

7.  On 9 May 1970, the 756th Medical Detachment did not grant the applicant
medical clearance for 24 hours following an aircraft accident.  There is no
followup document granting him medical clearance.

8.  The applicant departed Vietnam on 25 August 1970 after being credited
with participation in four campaigns.

9.  The applicant provided a Consultation Sheet dated 15 January 1971 that
indicates he was sent for evaluation of a neck injury incurred while in
Vietnam in March 1970.  On 21 January 1971, the examination indicated the
applicant was in a crash nine months earlier.  The examination revealed a
full range of motion of the neck, and x-rays were negative.  He was given a
neck collar to wear.  He had several followups.

10.  The applicant provided a Chronological Record of Medical Care
indicating that on 17 September 1971 he was seen in the emergency room for
pain in the back of the neck and headache from a history of neck injury in
helicopter crash “3/15/71.”  The document indicated he was doing well until
this date (i.e.,           17 September 1971) when he landed his helicopter
roughly and jarred his neck.  Pain was over C-5, C-6, and C-7.  No
radiculopathy or weakness was noted.  Nothing abnormal was palpated.  X-
rays were ordered.  The results of the x-rays are partially illegible but
the document states in part, “…of C6 appears to be compressed….”  The
reverse side of this document is not available.

11. The applicant was released from active duty on 19 April 1972.  His DD
Form 214 for the period ending 19 April 1972 shows he was awarded the
Expert Marksmanship Qualification Badge (Rifles M-14 and M-16), the Expert
Marksmanship Qualification Badge (Pistols .38 Caliber and .45 Caliber), the
National Defense Service Medal, the Army Aviator Badge, the Air Medal, the
Republic of Vietnam Campaign Medal with device 1960, two overseas bars, the
Distinguished Flying Cross, and the Army Commendation Medal.

12.  Army Regulation 600-8-22 (Military Awards) states 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

13.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation.  Authorized bronze service stars will be worn on the
appropriate campaign or service medal including the Vietnam Service Medal.


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 174th Aviation Company, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period 31 March through 30 June 1970 by Department of the Army
General Orders Number 42 dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been carefully considered.

2.  Although the service medical documents provided by the applicant refer
to a “March” accident (variously listed as March 1970 or March 1971), it is
accepted that the accident to which the applicant refers occurred on 9 May
1970.  Records at NARA indicate a helicopter from the applicant’s unit went
down as a result of small arms fire on that date, and on 9 May 1970 the
756th Medical Detachment did not grant him medical clearance for 24 hours
following an aircraft accident.
3.  However, there is insufficient evidence to show that the neck injury
for which the applicant was treated nine months and more after the May 1970
crash was a result of that crash.

4.  The applicant himself stated he was told his neck injury was a result
of wearing the early type, heavy ballistic helmet and that it was not an
uncommon injury from the helmet.  Since there is no evidence to show the
applicant was treated for a neck injury shortly after the 9 May 1970 crash,
it cannot be determined if the later discovery of his neck injury was the
result of that one crash or a cumulative result of his flying and landing
helicopters over the years he was wearing the earlier helmet.

5.  The applicant met the eligibility requirement to wear four bronze
service stars on his Vietnam Service Medal.  He was assigned to a unit
during a period of time that unit was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  These awards should be added to
his DD Form 214 for the period ending 19 April 1972.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 April 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         18 April 1975.  The applicant did not file within the 3-
year statute of limitations; however, it is appropriate to waive failure to
timely file based on the fact there is no statute of limitations on
requests for award of the Purple Heart

7.  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

__lds___  __jtm___  __rsv___  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 by amending his DD Form 214 for the period ending 19
April 1972 to add the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and to show he is eligible to wear four bronze service stars on
his already-awarded Vietnam Service Medal.




                                  __Linda D. Simmons_
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012659                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070322                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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