RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                 13 OCTOBER 2005
      DOCKET NUMBER:         AR20040007793


      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. Ronald DeNoia                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 is entitled to award of the Purple Heart
for wounds suffered in combat in Vietnam.

3.  The applicant provides a VA Form 21-22 (Appointment of Veteran's
Service Organization as Claimant's Representative).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 August 1980, the date of his separation from the United
States Army.  The application submitted in this case is dated 16 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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines that it would be in the interest of justice to do
so.  The ABCMR has elected to conduct a substantive review of this case to
determine if it would be in the interest of justice to excuse the
applicant’s failure to timely file.

3.  The applicant served in the Army from 19 January 1960 through 31 August
1980, at which time he retired.  During his career he served in Germany,
Korea and Vietnam.

4.  There are no orders or other similar documents in the applicant’s
military personnel file that show he was wounded in Vietnam.

5.  The applicant's name does not appear on the Vietnam Casualty Roster.

6.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-
1 (Personnel Qualification Record) shows that the applicant participated in
the Vietnam Summer Fall, Vietnam Winter Spring, Sanctuary Counteroffensive
and Vietnam Counteroffensive Phase VII.

7.  Item 5 (Oversea Duty) of the applicant's DA Form 2-1 shows that he
served in Korea from 5 June 1965 through 16 June 1966.

8.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

9.  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.

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal which in this case is
the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

2.  In the absence of orders or other corroborating evidence to show the
applicant met the criteria for the award of the Purple Heart there is no
basis to grant relief.

3.  Based on a qualifying period of service the applicant is entitled to
the Korea Defense Service Medal.  Therefore, his records should be
corrected to show this award.

4.  Records show the applicant participated in four campaigns during his
service in the Vietnam War.  Therefore, he is entitled to correction of his
records to show award of four bronze service stars to be worn on his
Vietnam Service Medal.
5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 August 1980, the date of his
separation; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 30 August 1983.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____TK _  ___PM __  ___CK___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing award of the
Korea Defense Service Medal and four bronze service starts to be worn on
his Vietnam Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.




                                  _____Ted Kanamine____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007793                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051013                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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