RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 APRIL 2005
      DOCKET NUMBER:  AR20040004448


      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. Raymond Wagner                |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Mr. Larry Olson                   |     |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 reconsideration of
his earlier appeal to correct his military records by award of the Bronze
Star Medal.

2.  The applicant states that the award of the Bronze Star Medal was never
awarded or the award was lost.  He states, in effect, that his injury
showing that he was wounded in action lacked proper documentation.  His
injury was wrongly attributed to “jungle rot.”  He has been trying for 20
years to correct his records to show award of the Bronze Star Medal.  He
was unaware of the criteria for award of the Purple Heart.

3.  The applicant provides a copy of a 1986 application to this Board
requesting award of the Bronze Star Medal and the second award of the Air
Medal; a copy of a 24 May 2000 letter to a Member of Congress (MC)
requesting assistance in obtaining the award of the Purple Heart; a copy of
a 22 January 2001 Army Personnel Command Military Awards Branch letter to a
MC regarding award of the Purple Heart; a copy of the applicant’s DD Form
214 (Report of Transfer or Discharge); a copy of a 25 January 1991 DD Form
215 correcting his               DD Form 214; and copies of his medical
records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 3 February 1971.  The application submitted in this case
is dated     15 July 2004.

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.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number AC86-
07589, on      14 December 1988.  The Board on that date considered and
denied his request for award of the Bronze Star Medal and the second award
of the Air Medal.

4.  The applicant was inducted into the Army on 4 February 1969, trained as
an infantryman, and in August 1969 was assigned to Company D, 1st
Battalion,    35th Infantry, in Vietnam.

5.  An 11 November 1969 medical report indicates that he had “jungle rot”
of his right anterior leg two weeks ago, which gradually became ulcerated,
and three days ago developed cellulitis of his right leg.  The report
indicates that he had a ½ inch ulcerated, clean-looking lesion to his right
anterior leg.  On 16 November 1969 the abscess to his right leg was
drained.  He was discharged from the hospital to duty on 9 December 1969.


6.  On 8 March 1970 the applicant was transferred to a unit of the 3d
Battalion, 12th Infantry.  He completed his tour of duty in Vietnam and
returned to the United States in July 1970.  He participated in four
campaigns during his tour of duty in Vietnam.

7.  The applicant was assigned to Fort Carson, Colorado, and was released
from active duty on 3 February 1971.  His DD Form 214 did not reflect all
the awards due him; however, except for credit for participation in four
campaigns, this oversight was corrected on 25 January 1991.

8.  On 22 August 1986 the applicant requested his medical records stating,
“specifically those during his hospitalization for jungle rot at 4th Med at
Cam Rahn Bay also for typhus at Cam Rahn Bay.”  He stated that he needed
those records to review his medical history for a possible Agent Orange
claim to be filed.

9.  In his 24 May 2000 letter to a MC, the applicant stated that he
sustained a punji stake laceration puncture to his lower right leg on or
about 5 November 1969, the wound was treated by a medic, but later became
sore and infected with “jungle rot.”  He was sent back to the rear and was
admitted to the 4th Med.  Cellulitis had set in.  He was sent to the 71st
Evacuation Hospital where the abscessed right leg was operated on and
drained.

10.  On 22 January 2001 the Military Awards Branch at the Army Personnel
Command informed a MC that they had reviewed the casualty list for Vietnam
and did not find a record that the applicant had been wounded.  They also
informed him that the documentation provided in support of his request did
not indicate that the abscess in his leg was the result of enemy action.

11.  The applicant has not provided any new evidence or argument concerning
his request for award of the Bronze Star Medal.
12.  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.  Examples of enemy-related injuries
include an injury caused by enemy bullet, shrapnel, or other projectile
created by enemy action, and injury caused by enemy placed mine or trap.

13.  Service stars are worn on campaign and service ribbons to denote an
additional award.  The service star is a bronze or silver five pointed
star.  A silver star is worn instead of five bronze service stars.  Service
stars are authorized for wear on the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  A wound sustained by a punji stick in Vietnam is conducive to award of
the Purple Heart.  Notwithstanding the applicant’s contentions, however, he
has not provided evidence to show that his “jungle rot” was caused by a
punji stick.  There is no corroborating evidence to support his claim.
While the Board has no reason to doubt the statement of events he has
provided, such individual statements are acceptable only where
corroborating evidence is available from official sources.  In the absence
of evidence showing that he was wounded as a result of hostile action,
there are no grounds for award of the Purple Heart.

2.  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.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 February 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on            2 February 1974.  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 FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RW___  ___LB___  ___LO __  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 or to amend the
decision of the ABCMR set forth in Docket Number AC86-07589, dated 14
December 1988.

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 Case Management Support Division in St. Louis is requested to
correct the applicant’s records to show award of the Vietnam Service Medal
with four bronze service stars.




                                  ____ Raymond Wagner_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004448                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050419                                |
|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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