RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        08 FEBRUARY 2005
      DOCKET NUMBER:  AR20040001604


      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 in Vietnam and was even in
formation for the presentation of the Purple Heart, but they gave his award
to a sergeant major; however, the captain responsible for maintaining
records informed him that he would get his Purple Heart.  He states that he
stepped on a pungi stick while on an operation in the Bong Son region and
was treated by a medic. He was unable to be medically evacuated; however,
the medic cleaned and re-bandaged his leg three to four times a day for
about nine days.  His leg swelled up to four or five times its normal size.
 The pain was very bad.  He eventually recovered from his wound while on
the operation.  The medic did a very good job.  After returning to base
camp the doctor checked his leg and said that it was healing fine.  A week
or so later there was an awards ceremony, and a sergeant major received the
one Purple Heart [medal] the only one available at the ceremony for a minor
noncombat scratch on his finger.  His (the applicant) wound was caused by
the enemy.  He lists the names of some of the men in his unit at that time.


3.  The applicant provides 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 2 August 1967.  The application submitted in this case is
dated        7 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 was inducted into the Army on 3 August 1965, completed
training, and in January 1966 was assigned as a field wireman to the 3d
Brigade, 1st Cavalry Division in Vietnam.  He completed his tour in Vietnam
and in January 1967 was assigned to Fort Sill, Oklahoma.  He was released
from active duty on 2 August 1967.

4.  The applicant’s awards as reflected on his DD Form 214 include the
National Defense Service Medal, the Army Commendation Medal, the Combat
Infantryman Badge, and the Vietnam Service Medal with one bronze service
star. Prior to his release from active duty, on 24 July 1967, orders were
published awarding him the Army Good Conduct Medal.  That award is not
reflected on his DD Form 214.

5.  The applicant’s enlisted qualification record does not show award of
the Purple Heart.  Item 40 of that record, “Wounds,” contains no entry.

6.  The Unit Citation and Campaign Participation Credit Register shows that
the 3d Brigade, 1st Cavalry Division, was awarded the Republic of Vietnam
Gallantry Cross Unit Citation with Palm for its actions while the applicant
was assigned to that unit.

7.  The applicant’s name is not listed on the Vietnam Casualty Roster
maintained at this agency.

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.  Despite the applicant’s contentions, there is no evidence to show that
he was wounded in action.  Lacking corroborating evidence to support his
request and substantiating medical evidence, his request to correct his
records to show that he was wounded as a result of hostile action, and
entitled to award of the Purple Heart cannot be granted.

2.  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.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 August 1967; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on            1 August 1970.  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.

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 Support Division in St. Louis is requested to
correct the applicant’s records to show award of the Army Good Conduct
Medal and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.




                                  ____Margaret Patterson____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001604                           |
|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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