RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            03 JUNE 2004
      DOCKET NUMBER:   AR2004100205


      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. Luther Santiful               |     |Chairperson          |
|     |Mr. Roger Able                    |     |Member               |
|     |Mr. Patrick McGann                |     |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 he was wounded in Vietnam and hospitalized in
Vietnam, Japan and at an Army hospital in Denver, Colorado.  He states that
he just wanted to get out of the Army and get back to his family.

3.  The applicant provides a copy of a temporary physical profile for a
suspected "torn right med. meniscus."

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 January 1968.  The application submitted in this case
is dated
29 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 entered
active duty on 21 January 1966 and was trained as a military policeman.

4.  The applicant arrived in Vietnam on 31 October 1966 and was assigned to
the 504th Military Police Company.  In July 1967 he was reassigned from his
military police company to the 249th General Hospital and ultimately
evacuated to Fitzsimons General Hospital in Colorado in August 1967.  In
September 1967 he was issued a temporary physical profile which precluded
extensive walking or standing for a 2 month period.  He was subsequently
returned to duty with a military police unit at Fort Ord, California.

5.  On 19 January 1968 the applicant was released from active duty at the
completion of his service contract.  His separation document does not
reflect entitlement to the Purple Heart.

6.  There were no service medical records available to the Board, nor
provided by the applicant.  Item 40 (wounds) on his Department of the Army
Form 20 (Enlisted Qualification Record) is blank.  The applicant last
authenticated his Department of the Army Form 20 on 19 October 1967 when he
arrived at Fort Ord, California.
7.  The applicant's name is not among a list of individuals reported as
combat casualties during the Vietnam War.

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.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in two designated campaigns (Vietnam
Counteroffensive Phases II and III) during the applicant’s period of
assignment.  Two bronze service stars on his Vietnam Service Medal, which
is reflected on his separation document, should reflect his campaign
participation.  The unit was also awarded the Republic of Vietnam Gallantry
Cross Unit Citation with Palm during his tenure with the organization.  His
campaign participation and unit award were omitted from his separation
document.

DISCUSSION AND CONCLUSIONS:

1.  Although the evidence does suggest that the applicant may have received
medical treatment while in Vietnam and was subsequently evacuated and
issued a physical profile, the limited medical information available to the
Board, makes it impossible to determine if the applicant was in fact
wounded as a result of hostile action while in Vietnam.  In the absence of
more compelling medical evidence, which shows that the applicant’s
hospitalization was the result of wounds sustained as a result of hostile
action, it would be inappropriate to award the applicant the Purple Heart
at this time, based solely on his physical profile statement and the fact
that he was medically evacuated from Vietnam.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 January 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
18 January 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 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

__LS____  __RA ___  __PM ___  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 records of the individual
concerned to show entitlement to two bronze service stars on his Vietnam
Service Medal and the Republic of Vietnam Gallantry Cross Unit Citation
with Palm.




            ____ Luther Santiful_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100205                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040603                                |
|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.                      |                                        |