IN THE CASE OF:	  

		BOARD DATE:	  26 July 2011

		DOCKET NUMBER:  AR20100029938 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show the Purple Heart and Senior Army Aviator Badge.

2.  The applicant states he was injured in a helicopter crash on 24 October 1966 when flying a gunship on an assault mission.  He states that after returning to his unit from the hospital he was told the other three crew members received the Purple Heart. 

3.  The applicant provides a copy of his DA Form 66 (Officer Qualification Record), a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), and photocopies of the crashed helicopter.  

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  His military records show he was inducted into the Army of the United States on 7 August 1954 and served continuously through an enlistment and reenlistments.  He was promoted to pay grade E-6.  He was honorably discharged on 24 February 1964 to accept an appointment as a Reserve warrant officer and remained on active duty.

3.  He served continuously on active duty as a warrant officer, was awarded military occupational specialty 062B (Rotary Wing Aviator), and was promoted to chief warrant officer four. 

4.  His DA Form 66 shows while he was stationed in the Republic of Vietnam (RVN) he performed duties as:

	a.  a rotary wing aviator while assigned to the 131st Aerial Weapons Company, 1st Cavalry Division during the period 29 March to 24 April 1966;

	b.  a rotary wing aviator while assigned to Company D, 227th Aviation Battalion, 1st Cavalry Division during the periods 25 April to 23 October 1966 and 16 December 1966 to 25 March 1967;

	c.  a patient in Vietnam and in Japan during the period 24 October to 15 December 1966; 

	d.  a student assigned to the U.S. Army Vietnam Transportation Detachment during the period 13 November 1968 to 13 March 1969;

	e.  an assistant aircraft maintenance officer while assigned to the 398th Transportation Detachment, 11th Armored Cavalry Regiment during the period 23 May 1969 to 12 May 1970;

	f.  an aircraft repair technician while assigned to Company E, 723d Maintenance Battalion, 23d Infantry Division during the period 26 July 1971 to 25 November 1971; and 

	g.  	an aircraft repair technician while assigned to the 610th Transportation Company (Air Mobile) during the period 27 November 1971 to 6 April 1972.

5.  His DA Form 66 also shows he held the Senior Army Aviator designation effective 1 March 1973.




6.  His final DD Form 214 shows he was retired from active duty on
31 May 1975 by reason of sufficient service for retirement.  He completed 20 years, 9 months, and 14 days of creditable active service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his final DD Form 214 shows award of the National Defense Service Medal with Oak Leaf Cluster (OLC), Air Medal with "V" Device (32d Award), Army Commendation Medal with 3d OLC, Army Aviator Badge, Vietnam Service Medal with one silver and three bronze service stars, RVN Campaign Medal with 1960 Device, Bronze Star Medal with 1st OLC, Meritorious Unit Commendation, Armed Forces Reserve Medal, RVN Gallantry Cross with Palm Unit Citation, and five overseas service bars.

8.  His name does not appear on the Vietnam Casualty Roster.

9.  His records do not contain any evidence that indicates he was ever awarded the Purple Heart by proper authority.

10.  Headquarters, U.S. Army Infantry Center Special Orders Number 232 Extract, dated 20 August 1973, awarded him the aeronautical designation of Senior Army Aviator effective 1 March 1973.

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

12.  Army Regulation 600-8-22 authorizes permanent award of the Senior Aviation Badge to individuals based upon 7 years of successful performance of flight status.

13.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is awarded in place of five bronze service stars.  During the applicant's tour of duty in Vietnam he participated in the following campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May - 30 June 1970)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Ceasefire Campaign (30 March 1972 - 28 January 1973)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows:

   a.  Company D, 227th Aviation Battalion, 1st Cavalry Division which was the applicant's unit during the periods 25 April to 23 October 1966 and 16 December 1966 to 25 March 1967 was cited for award of the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) 59, dated 1969;
   
   b.  the 398th Transportation Detachment, 11th Armored Cavalry Regiment, the unit he was assigned to during the period 23 May 1969 to 12 May 1970 was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the periods 1 May 1969 to 15 February 1970 by DAGO 50, dated 1971 and 1 March to 30 October 1970 by DAGO 55, dated 1971; and
   
   c.  the 610th Transportation Company, the unit he was assigned to during the period 27 November 1971 to 6 April 1972 was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January to 31 December 1971 by DAGO 32, dated 1973.
   
15.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the RVN Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 66 shows he was a patient during his service in Vietnam which supports his statement that he was in the hospital following a helicopter crash.  However, there is no corroborating evidence that his hospitalization was related to a helicopter crash, or if there was, that the crash was the result of hostile action.

2.  His name is not listed on the Vietnam Casualty Roster.
3.  In the absence of evidence he was wounded or injured as a result of hostile action, treated for such wounds, and that wound was made a matter of official record, there is insufficient evidence upon which to base award of the Purple Heart.  As a result, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  Therefore, regrettably, there is an insufficient basis for granting the applicant's requested relief.

4.  Based on his aeronautical designation of Senior Army Aviator, it would be appropriate to award him the Senior Army Aviator Badge and add this award to his DD Form 214.

5.  Department of the Army Pamphlet 672-3 shows the units he was assigned to while serving in the RVN were awarded three RVN Gallantry Cross with Palm Unit Citations and the RVN Civil Actions Honor Medal First Class Unit Citation during his service in these units.  Therefore, his DD Form 214 should be corrected to show three awards of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

6.  He was awarded the Vietnam Service Medal and he participated in ten campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with two silver service stars.

7.  In view of the foregoing, the applicant's DD Form 214 should be corrected as shown below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 31 May 1975 to add the Senior Aviator Badge, three awards of the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation.

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 showing he was awarded the Purple Heart.




      _______ _   __x_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100029938



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100029938



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1