RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            15 JULY 2004
      DOCKET NUMBER:   AR2004103420


      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. Roger Able                    |     |Chairperson          |
|     |Mr. James Anderholm               |     |Member               |
|     |Ms. Marla Troup                   |     |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 shot in both hands and that one hand was
completely bandaged while the other only had one finger bandaged.  He
states he was partially paralyzed on one hand and could not use the other
hand at all.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 April 1972.  The application submitted in this case is
dated
12 January 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 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 served on
active duty between 12 August 1970 and 11 April 1972.  He was assigned to
Vietnam between January and December 1971 and awarded an Army Commendation
Medal.  The Army Commendation Medal indicates that the applicant was
assigned to the 2nd Battalion, 11th Artillery, while in Vietnam.

4.  There were no medical records available to the Board, or provided by
the applicant.  His name was not among a list of individuals reported as
combat casualties during the Vietnam War.

5.  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.

6.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant would have
participated in three designated campaigns (Sanctuary Counteroffensive,
Vietnam Counteroffensive Phase VII, and Consolidation I).  Three bronze
service stars on the Vietnam Service Medal, which is reflected on his
separation document, should reflect his campaign participation.  His unit
was also awarded the Republic of Vietnam Gallantry Cross Unit Citation with
Palm while the applicant was a member of the organization.  That award was
also omitted from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of medical evidence, which confirms that the applicant
was wounded as a result of hostile action while in Vietnam and that a
medical officer treated those wounds, there is no basis for an award of the
Purple Heart.

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 the aforementioned requirement.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 April 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
10 April 1975.  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 RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RA __  ___JA___  ___MT __  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 three bronze service stars on his Vietnam
Service Medal and the Republic of Vietnam Gallantry Cross Unit Citation
with Palm.




            _____Roger Able_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103420                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040715                                |
|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.                      |                                        |