RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           27 JULY 2004
      DOCKET NUMBER:   AR2003098414


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Eloise Prendergast            |     |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, in effect, that he sustained shrapnel wounds to
his right knee and leg during the period September 1969 to March 1970.  He
states it was during his second tour of duty in Vietnam and that he was
told prior to his departure from Vietnam that he would be receiving the
Purple Heart for the wound.  He states that he returned to Fort Lewis,
Washington, where he was discharged and that nothing was ever received.

3.  The applicant states that if he is able to show proof of a combat
injury it will greatly enhance his chances of being approved for CRSC
(Combat-Related Special Compensation).

4.  The applicant provides copies of his separation documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 March 1970.  The application submitted in this case is
dated
1 October 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.  Records available to the Board indicate that the applicant initially
entered active duty in August 1958 and served, via several reenlistments
until March 1970 when he was honorably discharged.

4.  During his initial period of military service, the applicant served two
tours of duty in Vietnam, one between June 1963 and June 1964 and the
second between September 1969 and March 1970.  During his first tour of
duty he performed duties as a clerk typist/administrative specialist and
during his second tour he was a medical specialist.

5.  There were no service medical records available to the Board, or
provided by the applicant.  His name is not among a list of individuals
reported as combat casualties during the Vietnam War and item 40 (wounds)
on his Department of the Army Form 20 is blank.

6.  In June 1971, after the applicant’s March 1970 discharge, he was
provided elements associated with an award of the Bronze Star Medal for
meritorious service.  There is no indication he was ever awarded the Purple
Heart.

7.  After the applicant’s initial tour of active duty, and a break in
service, he went on to serve a total of 30 years in an active status and
retired for length of service in September 1999.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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.

9.  Combat-Related Special Compensation (CRSC) is a special benefit for
certain disabled military retirees.  Congress enacted the benefit in the
Fiscal Year 2003 Defense Authorization Act.  To be eligible, the individual
must be a military retiree with at least 20 years of active duty or a
combination of active duty and Reserve points equaling 20 years of full-
time active duty (7,200 points) and either a Department of Veterans Affairs
disability rating of 10 percent or higher associated with award of the
Purple Heart; or a rating of 60 percent or higher for other illnesses or
injuries attributed to combat situations, combat-oriented training,
hazardous duty, or instrumentality of war.  The 2003 act was expanded by
the Fiscal Year 2004 Defense Authorization Act to include retirees with 20
years of qualifying service, who have a combined, combat-related disability
of 10 percent or more.  The benefit does not apply to Soldiers who were
retired by reason of physical disability who have less than 20 years of
qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of medical evidence, which confirms that the applicant
was wounded as a result of hostile action while in Vietnam and that a
medical officer treated those wounds, there is no basis for an award of the
Purple Heart.

2.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy the aforementioned requirement.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 March 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
11 March 1973.  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.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MM__  ___TO __  __EP ___  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.





            _____Melvin Meyer_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003098414                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040727                                |
|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.                      |                                        |


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