RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        08 FEBRUARY 2005
      DOCKET NUMBER:  AR20040001533


      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:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Ms. Susan Powers                  |     |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 wounded by a land mine explosion in
April 1967.  He received treatment in November 1967 at the 12th Evacuation
Hospital in Cu Chi, Vietnam.

3.  The applicant provides copies of his separation documents (DD Forms
214), and a copy of a medical record.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 February 1987.  The application submitted in this case
is dated    4 May 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 limitations 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’s 28 February 1987 DD Form 214 shows that he retired from
the Army in the grade of E-7 with more than 20 years of active federal
service.  That form, and his DD Forms 214 ending on 30 June 1977, 24 July
1971, and      6 December 1968, which he signed attesting to their
authenticity, do not show award of the Purple Heart.

4.  The applicant had two periods of service in Vietnam, from July 1967 to
December 1968, and from October 1969 to August 1970.  On 16 December 1967,
the applicant was awarded the 2nd and 3rd oak leaf clusters to the Air
Medal.  They are not shown on his DD Form 214.

5.  The applicant’s enlisted qualification record, which he signed on 4 May
1973, contains no entry in the “Wounds” section of that record, nor does it
show award of the Purple Heart.

6.  An undated copy of the second page of a report of medical history,
which the applicant completed, and which he submitted with his request,
contains the remark, “12th Medical Evac, 25th Inf Div Cu Chi Vietnam, Dec
1967 Metal Removed From Groin Area 13 Days Hospital.”  A remark, apparently
penned by a physician, states, “Hx [History] of shrapnel wound in RVN.”

7.  The Vietnam Casualty Roster maintained by 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.  Noted are the applicant’s statement on the medical record that he
furnished with his request, and the resultant remark by a physician.
Nonetheless, this information is insufficient to show that he was wounded
as a result of hostile action.

2.  The applicant stated that he was wounded in April 1967; however, there
are no medical documents prepared at that time showing that he was wounded
in action.  The only medical evidence available is the undated document
that he submits with his request, in which he stated that he was treated in
December 1967.

3.  None of the applicant’s separation documents, which he signed, show
that he was wounded in action.  His enlisted qualification record fails to
show that he was wounded. The applicant is not listed on the Vietnam
Casualty Roster.

4.  There is insufficient evidence to show that the applicant was wounded
as a result of hostile action.  Consequently, he is not entitled to award
of the Purple Heart.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 February 1987; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on      27 February 1990.  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.
6.  The evidence shows that the applicant’s record contains administrative
error that does not require action by the Board.  The necessary corrections
will be accomplished administratively by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined in paragraph 3 of the
Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MP __  ___SP __  ___SP __  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 Case Management Division at St. Louis is requested to correct the
applicant’s records to show award of the Air Medal (2nd and 3rd oak leaf
cluster).




                                  ____Margaret Patterson____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001533                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050208                                |
|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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