RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 June 2005
      DOCKET NUMBER:  AR20040007354


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 June of 1970 at the same
time he was awarded the Bronze Star Medal with "V" device.  The Purple
Heart was awarded at the same time.  His DA Form 3947 (Medical Board
Proceedings) contains erroneous information.  He incurred medical condition
number 5 on     26 June 1970, not in 1969.  He incurred medical condition
number 7 on 26 June 1970, not in 1967.  He had shrapnel wounds on his left
and right arms and hands and also on his right knee.  He did not go to a
hospital.  He was treated by their medic in the field.

3.  The applicant provides his DA Form 3947.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 October 1982.  The application submitted in this case is
dated 8 September 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.  After having had prior service, the applicant enlisted in the Regular
Army on   6 February 1970.  He first served in Vietnam from on or about 5
April 1970 to on or about 12 March 1971 with Company E, 1st Battalion, 8th
Cavalry.  He was awarded the Bronze Star Medal with "V" device on
Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 12960
dated 21 July 1970.  The citation does not indicate he was wounded.

4.  After serving for a second time in Vietnam, the applicant served an 11-
month tour of duty in Korea.

5.  Physical disability processing was initiated on the applicant around
August 1981.  As part of the processing, a message was sent to the Office
of The Adjutant General requesting a line of duty determination for
injuries (to two fingers of the right hand when ammunition exploded in
Vietnam and he was treated at a field hospital) in "May 67."  The available
records do not contain a response to that request.

6.  A DA Form 3947 dated 24 August 1982 indicates that a Medical Evaluation
Board found the applicant to be medically unfit for 9 diagnoses (primarily
squamous cell carcinoma of the larynx).  Diagnosis number 5 was listed as
pain of the right hand and wrist, secondary to scarring and entrapment,
right ulnar nerve secondary to explosion, status post ulnar release on 12
May 1978, date of origin of condition "1969."  Diagnosis number 7 was
listed as a right middle finger deformity, secondary to trauma, date of
origin of condition "1967."

7.  On 1 September 1982, an informal Physical Evaluation Board found the
applicant medically unfit for residuals of treatment for squamous cell
carcinoma of the larynx, depression, and hearing loss.  On 28 October 1982,
he was released from active duty and placed on the Temporary Disability
Retired List.  The Purple Heart is not listed on his DD Form 214 for the
period ending            28 October 1982.

8.  A review of the historical files of Company E, 1st Battalion, 8th
Cavalry, 2d Brigade, 1st Cavalry Division at the National Archives in
College Park, MD discovered the recommendation for award of the Bronze Star
Medal with "V" device.  The recommendation did not mention that the
applicant had been wounded.  No other evidence identified the applicant as
being entitled to award of the Purple Heart.

9.  Army Regulation 600-8-22 (Military Awards) states that the Purple Heart
is awarded to any member of an Armed Force who has been wounded or killed
in any action against an enemy of the United States.  The wound must have
required treatment by a medical officer and records of medical treatment
for wounds or injuries received in action must have been made a matter of
official record.

10.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must
have served in support of the defense of the Republic of Korea from 28 July
1954 through a future date to be determined by the Secretary of Defense;
b) the area of eligibility encompasses all land area of the Republic of
Korea, and the contiguous water out to 12 nautical miles, and all air
spaces above the land and water areas;  c) service members must have been
mobilized with units or assigned or attached to units operating in the area
of eligibility and have been physically deployed in the area of eligibility
for 30 consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided evidence to show his right hand was injured in
Vietnam as the result of an explosion and the Board accepts his contention
that the injuries occurred in Vietnam, which would rule out the dates of
1967 and 1969 indicated on the DA Form 3947.  However, there is no evidence
of record to show the injuries occurred on 26 June 1970 or were the result
of hostile action (as opposed to an accident).  Regrettably, the evidence
he provides is insufficient to confirm his eligibility for award of the
Purple Heart.

2.  It is noted that the applicant served a tour in Korea that makes him
eligible for award of the KDSM.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 October 1982; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         27 October 1985.  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. 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.

4.  Evidence shows that the applicant’s records contain an 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

__mkp___  __phm___  __lmd___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive the ABCMR's 3-
year statute of limitations in this case.

2.  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.

3.  The Board determined that an 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 he was awarded the Korea Defense Service Medal.




            Margaret K. Patterson_
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040007354                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050621                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]