RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            27 JULY 2004
      DOCKET NUMBER:   AR2004101925


      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. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Elois Prendergast             |     |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 two Presidential Unit Citations and the
Purple Heart.

2.  The applicant states, in effect, that his commander told him that he
had been awarded the decorations for combat in Istanbul, Turkey and for an
injury to his right knee.  He states that he was "unjustly recalled for
being AWOL [absent without leave]" which was an error and that his
separation document was not amended to include his awards.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice which
occurred on 20 December 1968.  The application submitted in this case is
dated
11 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 29 November 1966.  He was initially trained as
an infantryman and in April 1967 was assigned to the 70th Ordnance Company
in Turkey as a security guard.  In December 1967 he was reclassified as a
food service apprentice and assigned to the 528th United States Army
Artillery Group in Turkey.

4.  In May 1968 the applicant returned to the United States and was
assigned as a cook's helper at Fort Campbell, Kentucky.

5.  In October 1968 the applicant was acquitted by a special court-martial
of AWOL between 2 August 1968 and 1 October 1968.  He was, however,
convicted by a special court-martial of forgery and presenting a false
claim associated with forged promotion orders and attempts to secure back
pay and allowances for the fraudulent promotions.

6.  The applicant's scheduled separation date was 28 November 1968.  He was
retained beyond his separation date because of the court-martial action.
7.  On 20 December 1968 the applicant was released from active duty under
honorable conditions.  His separation document reflects entitlement to the
National Defense Service Medal and qualification as a marksman with the M-
14 rifle and as a first class gunner with the M-60 machinegun.  There is no
indication that he was ever awarded a Presidential Unit Citation or the
Purple Heart.  Item 40 (wounds) on his Department of the Army Form 20
(Enlisted Qualification Record) is blank.

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.  Army Regulation 600-8-22 also states that the Presidential Unit
Citation was originally known as the Distinguished Unit Citation but was
redesignated in November 1966.  The citation is awarded to units of the
Armed Forces of the United States for extraordinary heroism in action
against an armed enemy occurring on or after 7 December 1941.  There is no
indication that either of the applicant’s units were awarded Presidential
Unit Citations while he was a member.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has not presented any that he
was wounded as a result of hostile action while assigned to organizations
in Turkey.  In the absence of medical evidence confirming a wound incurred
as a result of hostile action, there is no basis to award the applicant the
Purple Heart.

2.  There is also no evidence that either of the applicant's units of
assignment while in Turkey were recommended for, or awarded any
Presidential Unit Citations.

3.  The applicant's retention beyond his scheduled separation date, and his
belief that his separation document was not "amended" to reflect his awards
is without foundation.  His separation document properly reflects the
awards he was entitled too based on his military service and he was
retained in the service in order to complete court-martial actions.

4.  In order to justify correction of a military record the applicant must,
or it must otherwise satisfactorily appear, that the record is in error or
unjust.  The applicant has failed to submit evidence that would satisfy
this requirement.

5.  In view of the foregoing, there is no basis for granting the
applicant's request.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 December 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
19 December 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.

BOARD VOTE:


________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MM__  ___TO __  ___EP __  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.




            _____Melvin Meyer________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101925                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040727                                |
|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.                      |                                        |