RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         16 NOVEMBER 2004
      DOCKET NUMBER:  AR2004103805


      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          |
|     |Ms. Eloise Prendergast            |     |Member               |
|     |Mr. Robert Rogers                 |     |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 he did not accept the award while in the hospital
in Vietnam.  He states that as a veteran with medical problems the award
would be helpful.

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 6 September 1968.  The application submitted in this case
is dated
8 February 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 was inducted
and entered active duty on 7 September 1966.  He served in Vietnam with the
588th Engineer Battalion between February 1967 and February 1968.

4.  Upon his return to the United States, the applicant was assigned to an
engineer battalion at Fort Hood, Texas.  In May 1968, while assigned to
Fort Hood, the applicant qualified as an expert with the M-14 rifle and was
awarded the associated badge and component bar.  The badge, however, was
omitted from his separation document.

5.  On 12 August 1968 the applicant underwent a separation physical
examination.  There is no mention of any wounds incurred as a result of
hostile action on the separation document.  There were no other medical
records available to the Board beyond the applicant’s separation physical
examination.




6.  The applicant’s name is not among a list of individuals reported as
combat casualties during the Vietnam War and item 40 (wounds) on his
Department of the Army Form 20 (Enlisted Qualification Record) is blank.
The applicant last authenticated the information on his Form 20 in May
1968.

7.  On 6 September 1968 the applicant was released from active duty with an
honorable characterization of service.  His separation document does not
reflect entitlement to the Purple Heart.

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
awarded a Valorous Unit Award and the Republic of Vietnam Civil Action
Honor Medal First Class Unit Citation during his tenure with the
organization.  The unit awards were omitted from his separation document.

10.  Department of the Army Pamphlet 672-3 also provides, in pertinent
part, for award of the Republic of Vietnam Gallantry Cross Unit Citation
with Palm to all individuals who served in Vietnam between 20 July 1965 and
28 March 1973 in a unit which was subordinate to Headquarters, United
States Army Vietnam.  The applicant’s unit was such a unit.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any, which
confirms that he was wounded as a result of hostile action while in
Vietnam.  In the absence of such evidence, 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 that requirement.

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

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

___MM__  ___EP __  ___RR __  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:

      a.  that he qualified as an expert with the M-14 rifle and was awarded
the associated badge and component bar; and


      b.  entitlement to a Valorous Unit Award, the Republic of Vietnam
Civil Action Honor Medal First Class Unit Citation, and the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.



                                  ______Melvin Meyer________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004103805                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041116                                |
|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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