RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          20 JULY 2004
      DOCKET NUMBER:  AR2003099654


      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. Kenneth Lapin                 |     |Member               |
|     |Mr. Antonio Uribe                 |     |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 and unit awards to
which he is entitled.

2.  The applicant states that the decorations were omitted from his DD Form
214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides a copy of his DD Form 214, a copy of a 1 May
2003 letter to him from this agency informing him that his case had been
closed because of the unavailability of his records, a copy of a 28 May
1970 clinical record, and a copy of a document showing the decorations
awarded to the    173d Support Battalion.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 January 1986.  The application submitted in this case
is dated    23 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.  The applicant's DD Form 214 shows that he retired from the Army in the
grade of E-7 on 31 January 1986.  He had over 20 years of active federal
service.  That form indicates his decorations and awards, to include the
Vietnam Service Medal.  The applicant's OMPF (Official Military Personnel
File) is available to the Board; however, the documents contained therein
do not reflect a record of all his service in Vietnam.

4.   The applicant's Personnel Qualification Record shows that he served in
Vietnam from May 1966 through June 1968 and from 23 July 1969 through
26 July 1970.  That record also shows that he participated in nine
campaigns.  His record of assignments, however, does not show assignments
prior to April 1969.  That record does show that he was assigned in Vietnam
with the       357th Transportation Company from July 1969 to August 1969,
and with Company D (Maintenance), 173d Support Battalion from August 1969
to          July 1970.
5.  The clinical record that the applicant submits with his request shows
that he was treated for a left axillary adenopathy (enlargement of the
glands underneath his arm) on 28 May 1970, and that he had a history of two
furuncles (painful nodules formed in the skin) to his left elbow which had
resolved prior to the appearance of the left axillary node.

6.  Service (campaign) medals and service ribbons denote honorable
performance of military duty within specified limited dates in specified
geographical areas.  Army Regulation 600-8-22, paragraph 6-7 provides for
service stars for wear on campaign and service ribbons to denote an
additional
award, and states that service stars are authorized for wear on the Vietnam
Service Medal.  A silver star is worn instead of five bronze service stars.


7.  The 173d Support Battalion was awarded the Meritorious Unit
Commendation and the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation for its actions while he was assigned to that
organization during the period indicated above.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The clinical record that the applicant submits with his request does
not show
that he was wounded as a result of hostile action.  He is not entitled to
award of the Purple Heart.

2.  Evidence concerning the organizations which the applicant served in
Vietnam prior to 1969 is not available; consequently, there can be no
determination concerning any unit awards, other than as noted below.
Should the applicant provide the necessary evidence, he can reapply to this
Board.

3.  The evidence shows that the applicant’s record contains administrative
error that does not require action by the Board.  The necessary corrections
will be accomplished administratively by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined in paragraph 3 of the
Determination/Recommendation section below.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 January 1986; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         30 January 1989.  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

___FE __  ___KL___  ___AU __  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 applicant's DD Form 214 should be corrected to show award of the
Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, and the Vietnam Service Medal with one
silver service star and four bronze service stars.




            _____Fred Eichorn_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003099654                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040720                                |
|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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