RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  7 August 2007
	DOCKET NUMBER:  AR20070003387 


	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.  


Ms. Catherine C. Mitrano

Director

Ms. Jeanne Marie Rowan

Analyst


The following members, a quorum, were present:


Ms. Linda Simmons

Chairperson

Ms. Ernestine Fields

Member

Mr. Randolph Fleming

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 and correction to his separation documents to show he completed Field Maintenance Training.

2.  The applicant states he injured his little finger on his right hand while trimming sheet metal during maintenance repair operations to a helicopter while attached to the 225th Aviation Company, 1st Aviation Battalion serving in the Republic of Vietnam.  The applicant also states that he completed 192 hours of Fourth Echelon Field Maintenance schooling, a military school.

3.  The applicant provides copies of correspondence from the Military Order of the Purple Heart, a personal statement, his separation documents, and discharge certificate.  He also provides Department of Veterans Affairs rating decisions for hearing loss, post-traumatic stress disorder, and limited movement of his little finger on his right hand; two course completion certificates; personal photographs; and a copy of a magazine article in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on
4 December 1967, the date of his release from active duty.  The application submitted in this case is dated 28 February 2007.

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.  Records show that the applicant enlisted in the Regular Army on 14 December 1964.  He completed basic training, advanced individual training, and was awarded military occupational specialty 67A (Aircraft Maintenance).  Records show that he was assigned to the 589th Transportation Detachment and that he served in the Republic of Vietnam during the period 1 May 1967 through 4 December 1967.


4.  The applicant's record contains a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the effective date of 4 December 1967. This form shows that the applicant completed 2 years, 11 months, and 21 days of net active federal service.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam for 7 months and 3 days.

5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 does not show award of the Purple Heart.

6.  Item 25 (Education and Training Completed) of this same DD Form 214 shows the entry "USAAVNS Fort Rucker, Alabama, 5 weeks, Aircraft Maintenance, and the General Educational Development Test-High School Equivalent."

7.  The applicant's record does not contain general orders which authorized him award of the Purple Heart.

8.  The applicant's name is not on the Vietnam Casualty Roster.

9.  Item 27 (Military Education) of the applicant's DA Form 20, shows the entry "Aircraft Maintenance, MOS 67A10, USAAVNS, 5 weeks, 1965."  

10.  Item 40 (Wounds) of the applicant's DA Form 20, does not show any entries for wounds sustained during hostile actions.  Item 41 (Awards and Decorations) does not show award of the Purple Heart. 

11.  There are no medical records in the applicant's official military personnel file that show he sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.

12.  The applicant provided a detailed personal statement which chronicles the circumstances under which he injured his little finger on his right hand while repairing a helicopter in the Republic of Vietnam during the period October to December 1967.  He provided multiple eligibility documents from the Department of Veterans Affairs granting him disability ratings for hearing loss, post-traumatic stress disorder and limited movement of his little finger (fifth digit) on his right hand.  He also provided personal photographs to pictorially support that he was stationed in the Republic of Vietnam and that he injured his right hand.  Lastly, he provided two course completion certificates.  The first certificate is for basic 

aircraft maintenance course Class 65-34, dated 23 April 1965 and signed by the school commandant.  The second course certificate is for Fourth Echelon Field Maintenance (192 hours) dated 22 October 1965 signed by the commanding officer of the Army Aviation School.

13.  The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War.  The President of the United States per War Department General Orders Number 3 reestablished it in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds because of hostile action.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 are no time limitations for requests for award of the Purple Heart.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 46, dated 1969.

16.  Army Regulation 635-5, (Personnel Separations) governs the requirements for listing military education on the DD Form 214.  In pertinent part, the regulation states formal in-service (full-time attendance) training courses successfully completed are listed to assist the Soldier in job placement and counseling, and training courses for combat skills are not listed.  The course listing will include the course title, length in weeks and the year completed. The source documents for preparation of DD Form 214 include the Soldier's DA Form 20. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart for an injury he sustained to his little finger on his right hand while he was performing his mechanic duties cutting sheet metal to repair a helicopter in the Republic of Vietnam.

2.  The applicant submitted supporting documentation to show he was injured while performing his duties as an aviation mechanic in the Republic of Vietnam.  The applicant did not provide supporting documents nor do his service personnel records show that he was wounded as a result of hostile action or action against a foreign enemy.  The wound was the result of an injury sustained while in the performance of his military duties; therefore, the applicant does not meet the criteria for award of the Purple Heart.  

3.  The applicant contends that he completed additional MOS proficiency training and it is not listed on his discharge documents.  The applicant provided sufficient evidence to support correcting his record to show course completion of the Fourth Echelon Field Maintenance (192 hours) on 22 October 1965 through the U. S. Army Aviation Mobile Technical Assistance Program Team.  The maintenance course is a full-time course; therefore, the course can be listed on his separation document.  

4.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 4 December 1967, the date of his separation from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 3 December 1970.  Although the applicant did not file within the ABCMR's statute of limitations, 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__LS ___  __EF____  __RF ___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and showing in item 25, Fourth Echelon Field Maintenance - 192 hours - 1965.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.




_____ Linda Simmons_________
          CHAIRPERSON




INDEX

CASE ID
AR20070003387
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070807
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.