RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        02 SEPTEMBER 2004
      DOCKET NUMBER:  AR2004101879


      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. Walter Morrison               |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Mr. Ronald Weaver                 |     |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 that his records
be corrected to show that he was retired by reason of physical disability
with a 100 percent Army disability rating.

2.  The applicant states, in his self-authored statement, that he was
installing telephone cable while in Vietnam and that they were unable to
use their trucks in the area because the "stock yard was so wet."  As a
result his feet slipped and he damaged his back.  He states that he went to
the doctor at the time and was given medication but has had to live with
the pain.

3.  The applicant maintains that he should have received a Purple Heart and
been medically retired when he left Vietnam.

4.  The applicant provides no evidence in support of his request beyond his
self-authored statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 July 1968.  The application submitted in this case is
dated
13 December 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 was inducted
and entered active duty on 27 September 1966.  He was trained as a lineman.

4.  In August 1967 he was assigned to Vietnam as a lineman with the 580th
Signal Company.  In December 1967 he was reassigned to the 69th Signal
Company and in May 1968 was promoted to pay grade E-5.

5.  The applicant departed Vietnam in July 1968 and on 31 July 1968 was
released from active duty under a program which permitted the early
separation of overseas returnee.
6.  There were no service medical records available to the Board or
provided by the applicant.  Item 40 (wounds) on his Department of the Army
Form 20 (Enlisted Qualification Record) is blank.

7.  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.  Wounds sustained as the result of an accident, even
though they may have occurred within a combat zone, do not meet the
requirements for award of the Purple Heart.

8.  Army Regulation 40-501 provides that for an individual to be found
unfit by reason of physical disability, he must be unable to perform the
duties of his office, grade, rank or rating.  That same regulation also
provides that performance of duty despite an impairment is evidence of
physical fitness.

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant participated in
four designated campaign periods (Vietnam Counteroffensive Phases III, IV,
and V and the TET Counteroffensive).  His campaign participation should be
reflected by four bronze service stars on the Vietnam Service Medal
currently reflected on his separation document.  The applicant is also
entitled to two Meritorious Unit Commendations awarded during his service
with the 580th Signal Company, and a Republic of Vietnam Gallantry Cross
Unit Citation with Palm.  The unit awards were also omitted from his
separation document.

DISCUSSION AND CONCLUSIONS:

1.  There is no medical evidence which confirms that the applicant was
wounded as a result of hostile action while in Vietnam or that he had any
medical conditions which rendered him unfit for continued military service.
 In the absence of such evidence, there is no basis for an award of the
Purple Heart or to correct his records to show that he was retired by
reason of physical disability with a disability rating of 100 percent.

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 that requirement.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 July 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 July 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.

4.  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 FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WM__  ___WP__  ___RW__  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 four bronze service stars on his Vietnam
Service Medal, two awards of the Meritorious Unit Commendation, and a
Republic of Vietnam Gallantry Cross Unit Citation with Palm.


                                  ____Walter Morrison_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004101879                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040902                                |
|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.                      |108.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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