RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         28 JUNE 2005
      DOCKET NUMBER:  AR20040009079


      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. Joe Schroeder                 |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. Jeanette McCants              |     |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.

2.  The applicant states that in December 1967 near Qui Nhon in Vietnam
they received sniper fire and he was blown off a jeep sustaining head
injuries and a back injury, and shrapnel.  He was knocked unconscious.  All
names [of personnel wounded] were turned in for award of the Purple Heart.
He was in a medical facility at Chu Lai.  When he moved to Tam Kay he lost
his hearing and had severe headaches from the blast.  He was air evacuated
to Qui Nhon and from there to Camp Zama, Japan on 12 January 1968.  He was
told that he would receive the Purple Heart for his injuries.

3.  The applicant provides a copy of a 26 August 1968 report of medical
history.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 14 November 1968.  The application submitted in this case
is dated 14 October 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.  The applicant was inducted into the Army on 14 November 1966, trained
as an armor crewman, and in April 1967 was assigned as a radio operator to
         F Troop, 17th Cavalry of the 196th Infantry Brigade in Vietnam.

4.  Orders published by Headquarters, United States Army Vietnam on
     14 January 1968 show that the applicant, hospitalized on 12 January
1968, was evacuated to the United States Army Hospital at Camp Zama, Japan.
 The applicant participated in two campaigns during his tour of duty in
Vietnam and    F Troop, 17th Cavalry was awarded the Republic of Vietnam
Gallantry Cross Unit Citation with Palm for its actions while he was
assigned to that unit.

5.  On 5 March 1968 orders were publshied assigning the applicant from the
hospital at Camp Zama to Fort Dix, New Jersey.  The applicant reported to
Fort Dix on 24 April 1968.

6.  On 26 August 1968 the applicant underwent a separation physical
examination.  The report of that examination contained the remark that the
applicant was found to have low back sprain, that he had an orthopedic
consultation, that his profile had been discontinued, and that he was
medically qualified for separation.  His physical profile serial was 1 1 1
1 1 1.  In the report of medical history that he furnished for the
examination, the applicant stated that he had an injury in Vietnam caused
by a 106mm (recoilless rifle) which gave him bad headaches and back pain.
He stated that about three weeks ago he fell down the stairs at home and
injured his back again.  He stated that he was wounded in Vietnam and was
sent to Camp Zama, Japan, and was there from   12 January 1968 to 8 March
1968.

7.  He was released from active duty on 14 November 1968.  The applicant’s
    DD Form 214 (Report of Transfer or Discharge) does not show award of
the Purple Heart.  His DA Form 20 (Enlisted Qualification Record) does not
show that he was wounded in action, nor does it show award of the Purple
Heart.  His DD Form 214 shows award of the Vietnam Service Medal but in so
doing does not credit him with the number of campaigns in which he
participated.

8.  During his military service the applicant was awarded the Marksman
Marksmanship Qualification Badge with rifle bar and the Expert Marksmanship
Qualification Badge with tank bar.  Those awards are not shown on his
      DD Form 214.

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.  The applicant is not listed on the Vietnam Casualty Roster maintained
by this agency.

11.  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
bronze 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was hospitalized and medically evacuated from Vietnam to
Camp Zama, Japan.  There is no evidence, however, to show that his
hospitalization and medical evacuation was because he was wounded as a
result of hostile action.  While the Board has no reason to doubt the
statement of events he has provided, to include the statements that he made
on his report of medical history in August 1968, such individual statements
are acceptable only when corroborating evidence is available from official
sources.  There is simply no medical evidence to show that he was wounded
in action.  Consequently, there are no grounds for this Board to award the
Purple Heart.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 November 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on     13 November 1971.  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.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JS___  ___LF___  ___JM __  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 Case Management Support Division at St. Louis is requested to
correct the applicant’s records to show award of the Vietnam Service Medal
with two bronze service stars, the Republic of Vietnam Gallantry Cross Unit
Citation with Palm, the Marksman Marksmanship Qualification Badge with
rifle bar, and the Expert Marksmanship Qualification Badge with tank bar.




                                  _____ Joe Schroeder________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009079                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050628                                |
|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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