RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 April 2005
      DOCKET NUMBER:  AR20040004714


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Mr. Curtis Greenway               |     |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 correction of his records to show award of the
Purple Heart.

2.  The applicant states that the Purple Heart is not shown on his DD Form
214.

3.  The applicant provides no documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
2 May 1969, the date of his separation from active service.  The
application submitted in this case is dated 1 July 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 enlisted in the Regular Army on 19 September 1966 for a
period of 3 years.  He completed basic and advanced individual training and
was awarded the military occupational specialty 67N20 (Helicopter
Repairman).  He served as a gunner and crew chief with the 192nd Aviation
Company, 10th Combat Aviation Battalion in Vietnam.  He was honorably
separated from active duty on 2 October 1969.

4.  There are no General Orders which show that the applicant was awarded
the Purple Heart.  There is also no evidence in his records that show he
was wounded or treated for wounds as a result of hostile action.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show an entry in item 40 (Wounds).  Item 41 (Awards and Decorations) does
not show award of the Purple Heart

6.  The applicant's name is not listed on the Vietnam Casualty Roster.

7.  The applicant's service personnel records do not contain any medical
records that show the applicant was wounded or treated for wounds as a
result of hostile action.

8.  The applicant's records contain General Orders Number 828,
Headquarters, 1st Aviation Brigade, dated 20 February 1968.  These orders
show that the applicant was awarded the Air Medal for meritorious
achievement while participating in aerial flight.  This award is not shown
on the applicant's DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
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 applicant contends that his records should be corrected to show
award of the Purple Heart.

2.  There is no evidence which show that the applicant was wounded or
treated for wounds as a result of hostile action during his service in
Vietnam.  There are no orders available which show that the applicant was
awarded the Purple Heart.

3.  In the absence of records which show the applicant was wounded as a
result of hostile action or was treated for wounds resulting from hostile
action, there is insufficient evidence upon which to base award of the
Purple Heart in this case.

4.  General Orders Number 828, dated 20 February 1968 shows the applicant
was awarded the Air Medal for meritorious achievement while participating
in aerial flight.  Therefore, he is entitled to correction of his DD Form
214 to show this award.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 October 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 1 October 1972.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file based on the fact there is no statute of limitations
on requests for award of the Purple Heart.




6.  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

__js____  __slp___  __cg____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it is in the interest of justice to waive
failure to timely file in this case.

2.  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 to show award of the Purple Heart.

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 Air Medal.



                                        John Slone
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004714                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050412                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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