RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 June 2005
      DOCKET NUMBER:  AR20040009954


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carol A. 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 correction of his records to show award of the
Purple Heart.

2.  The applicant states, in effect, that he was wounded by shrapnel while
serving in Vietnam and was treated for his wound at the 85th Evacuation
Hospital, in Phu Bai, Vietnam.  He further states that his company
commander failed to submit the paperwork to award him the Purple Heart.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) with the ending date of 22 June 1971 and a
DD Form 214 (Certificate of Release or Discharge from Active Duty) with an
ending date of 30 June 1994.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 June 1971.  The application submitted in this case is dated
5 November 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 7 July 1967 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty (MOS) 05H (Morse Interceptor).
He served two tours in Vietnam.  On his first tour he was assigned to A
Company, Radio Research Field Station from 11 July 1968 through 6 August
1968.  He was assigned to the 165th Radio Research Company from 7 August
1968 through    25 March 1970.  On his second tour in Vietnam he was
assigned to the 138th Aviation Company, 224th Aviation Battalion from on or
about 13 July 1970 through 19 Jun 1971.

4.  The applicant was honorably released from active duty on 22 June 1971
and transferred to the United States Army Reserve.


5.  The DD Form 214 with the ending date of 22 June 1971 shows the
applicant was awarded the National Defense Service Medal, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal, the Army
Commendation Medal, and the Air Medal.

6.  The applicant provided a DD Form 214 that shows he enlisted in the Air
Force on 7 April 1987 and was honorably discharged from the Air Force on 30
June 1994.

7.  There are no general orders in the applicant’s service personnel
records that show he was awarded the Purple Heart.  There also is no
evidence in his service personnel records that shows that he was wounded or
treated for wounds as a result of hostile action in Vietnam.  The
applicant's name is not listed on the Vietnam Casualty Roster.

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not show the applicant was wounded, and item 41 (Awards and
Decorations) does not show award of the Purple Heart.

9.  The applicant's Army Medical Treatment Records are unavailable.

10.  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.  This regulation also provides that there is no statute of
limitations on request for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that
show he was awarded the Purple Heart.  There is no evidence in the
available records and the applicant has not provided evidence that shows he
was wounded or treated for wounds as a result of hostile action.

2.  In the absence of military records which show the applicant was wounded
or treated for wounds as a result of hostile action, there is insufficient
basis for award of the Purple Heart in this case.



3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 June 1971.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 21 June 1974.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file in this case 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

__MHM__  __EL____  __CAK__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  ____ Mr. Melvin H. Meyer ___
                                             CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040009954                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |9 June 2005                             |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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