RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            27 APRIL 2004                  
	DOCKET NUMBER:   AR2003096859

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Mr. Patrick H. McGann, Jr.		Member	
	Ms. Marla J. N. Troup		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 during a tour in Vietnam he was treated for a laceration to his hand after a helicopter crash.  His medical record was not submitted to his unit in order for him to receive the Purple Heart.  This was during combat conditions, and because of the intense combat and the need for his experience as a pilot, he immediately continued flying, forgetting about his injury until he recently reviewed his medical record.   

3.  The applicant provides a copy of a 11 May 1966 medical record, and a copy of his retirement orders.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 30 September 1969.  The application submitted in this case is dated             23 August 2003.  

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 limitation 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 entered on active duty on 14 September 1949 and served continuously until his discharge in the rank of sergeant first class on                  23 April 1958 in order to accept an appointment as a warrant officer.  He served in numerous locations throughout the world, to include Korea and Germany.  He was awarded the Army of Occupation Medal (Japan and German), the Combat Infantryman Badge, two awards of the Bronze Star Medal with "V" device, the Korean Service Medal with one silver service star, the United Nations Service Medal, two awards of the Good Conduct Medal and the Distinguished Unit Emblem (now the Presidential Unit Citation).

4.  The applicant was appointed a Reserve warrant officer on 24 April 1958 with concurrent call to active duty.  He was trained as an Army aviator and became qualified as a rotary wing and fixed wing pilot.  He saw service in Korea, Italy, 

and had two tours of duty in Vietnam.  He served with Company D,                229th Aviation Battalion in Vietnam from August 1965 to August 1966.  The 229th was awarded the Presidential Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm for its actions while he was assigned to that organization.  Company D was awarded the Presidential Unit Citation for its actions while the applicant was assigned to that company.  During his second tour of duty in Vietnam, he was assigned to Company E, 725th Maintenance Battalion from January 1969 to September 1969.  The 725th was awarded the Meritorious Unit Commendation for its actions during the applicant's assignment to that organization. 

5.  The applicant advanced to the rank of Chief Warrant Officer Three and retired from the Army on 30 September 1969 with over 20 years of active service.  His awards included the Presidential Unit Citation with first oak leaf cluster, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal with one silver service star, the Air Medal with 20 oak leaf clusters, the Armed Forces Reserve Medal, the Senior Army Aviator Badge, the National Defense Service Medal with one oak leaf cluster, the Bronze Star Medal with two oak leaf clusters, and the Army Commendation Medal with two oak leaf clusters.  His 30 September 1969 DD Form 214 (Report of Transfer or Discharge) does not show award of the Purple Heart.       

6.  The medical record that the applicant submits with his request shows that he was treated for an injury to his left hand as a result of a helicopter accident on    11 May 1966, sustaining a small laceration to the base of his index finger.  The record indicates that he had marked tenderness, normal sensation and was able to move his finger.  X-rays were negative. 

7.  The applicant's individual flight record for April and May 1966 shows that he was assigned as a senior aviator with Company D, 229th Aviation Battalion (Assault Helicopter) of the 1st Cavalry Division in Vietnam.  A notation indicates that the records (flight records) were "closed due to an aircraft accident investigation, 11 May 1966, UH-1B aircraft.  Attempting to take off over rough terrain with an aircraft approaching over gross weight limitations for climatic conditions."  

8.  The applicant's 4 April 1969 report of medical examination (retirement physical examination) shows that he had a 2-centimeter traumatic scar on the dorsal surface of his left hand.  

9.  Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.

10.  As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign award to eligible US veterans of the Korean War, or their surviving next of kin.  The medal is provided at no cost to the veterans.

11.  The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin.  To apply, veterans must provide a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is being provided to the applicant.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his    DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence indicates that the applicant's injury to his hand on 11 May 1966, while sustained in a combat environment, resulted from a helicopter accident, not the result of hostile action.  There is insufficient evidence to show that he was wounded as a result of hostile action.  Consequently, his request for award of the Purple Heart cannot be granted.   

2.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 September 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on    29 September 1972.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

3.  Evidence shows that the applicant’s records contain administrative error which does 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 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__FE   __  __PHM __  _MJNT__  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.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the applicant's 30 September 1969 DD Form 214 to show award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and two awards of the Meritorious Unit Commendation. 

		_____Fred Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003096859	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040427	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.