RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         28 OCTOBER 2004
      DOCKET NUMBER:  AR2004103817


      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             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. Marla Troup                   |     |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 that he was given a note to take to the aid
station to show entitlement to the Purple Heart; however, he was unable to
do so because of the AO [situation in the area of operations].  He requests
that the note written by his commanding officer be proof of his intention
to obtain a Purple Heart.

3.  The applicant provides a copy of a note, dated 30 August 1970,
addressed to the 159th Aid Station stating that the applicant was entitled
to the Purple Heart for wounds received during a rocket attack; and a copy
of his DD Form 214 (Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 9 November 1972.  The application submitted in this case
is dated   5 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.  The applicant enlisted in the Army for three years on 19 February 1969
and was assigned to Fort Bragg, North Carolina for basic combat training,
where he qualified as a sharpshooter with the M-14 rifle.  In April 1969 he
was assigned to Fort Eustis, Virginia where he was trained as a helicopter
repairman.  In September 1969 he was assigned to Hunter Army Air Field in
Georgia.  On        10 November 1969 he reenlisted in the Army for three
years.

4.  In May 1970 the applicant was assigned to A Troop, 2nd Squadron,
    17th Cavalry of the 101st Airborne Division (Airmobile) in Vietnam.  He
returned to the United States in May 1971 and was assigned to Yuma Proving
Ground, Arizona, and thence to Fort Ord, California.  The applicant
participated in two campaigns during his tour in Vietnam, and the 17th
Cavalry was awarded the Republic of Vietnam Gallantry Cross Unit Citation
with Palm for its actions during the applicant's assignment to that
organization.
5.  In addition to the awards indicated on his DD Form 214, the applicant
received an award of the Air Medal for meritorious achievement, an Army
Commendation Medal for meritorious achievement, and the above mentioned
Sharpshooter Badge for the M-14 rifle.

6.  The applicant was released from active duty on 9 November 1972 at Fort
Ord. His DD Form 214 does not show award of the Purple Heart.  His DA Form
20 (Enlisted Qualification Record) does not show award of the Purple Heart
nor does it show that he was wounded in action.  The applicant's 2 October
1972 report of medical examination does not show that he had been wounded
in action, nor did it show that he had sustained any injuries while on
active duty.

7.  The Vietnam Casualty Roster maintained at this agency does not show
that the applicant was wounded in action.

8.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for
a wound 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, and the medical treatment must have
been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The Board notes the document that the applicant provides with his
request.  Unfortunately, this note is not sufficient to show that he was
wounded in action.  The Board does not dispute his contentions; however,
there is no medical evidence to show that he was wounded.  Consequently,
his request for award of the Purple Heart cannot be granted.

2.  The applicant participated in two campaigns during his tour in Vietnam.
 He is entitled to award of the Vietnam Service Medal with two bronze
service stars (one for each campaign).  He is also entitled to award of the
Republic of Vietnam Gallantry Cross Unit Citation with Palm.

3.  The applicant was awarded the Army Commendation Medal for meritorious
achievement, the Air Medal for meritorious achievement, and the
Sharpshooter Marksmanship Qualification Badge with rifle bar.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 November 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on      8 November 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 timely file in this case.

5.  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

___RW__  ___LF___  ___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 award of the Vietnam Service Medal with two bronze
service stars, the Republic of Vietnam Gallantry Cross Unit Citation with
Palm, the Army Commendation Medal, the Air Medal, and the Sharpshooter
Marksmanship Qualification Badge with rifle bar.





                                  ____ Raymond Wagner______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004103817                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041028                                |
|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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