RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2005
      DOCKET NUMBER:  AR20040010189


      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. Klaus P. Schumann             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ronald E. Blakely             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |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, in effect, award of the Purple Heart (PH).

2.  The applicant states, in effect, that while assigned to the Republic of
Vietnam (RVN), he sustained shell fragment wounds to the 3rd and 4th
fingers on his left hand as a result of enemy mortar fire.  He further
states that he also sustained wounds to his left shin caused as a result of
a punji stick.  He states these wounds required him to be medically
evacuated so that he could receive medical attention.

3.  The applicant provides, in support of his application a Department of
Veterans Affairs (VA) rating decision, dated 26 February 2002; several
award certificates, training certificates, and discharge certificates; and
a copy of his separation document (DD Form 214), effective 15 January 1985.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 January 1985.  The application submitted in this case
was received on 19 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’s record shows that he initially entered active duty on
29 August 1969.  He was trained in and awarded military occupational
specialty (MOS) 11B (Infantryman).  His military record contains three
separation documents (DD Form 214) which show that the applicant served on
active duty in the Army on three occasions: 29 August 1969 through 13
October 1971;
14 October 1971 through 18 October 1977; and 19 October 1977 through
15 January 1985.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 8 April 1971 through 19 July 1971 and that during
this tour, he was assigned to Company C, 2nd Battalion, 503rd Infantry,
173rd Infantry Brigade.

5.  In connection with the processing of this case, a member of the Board
staff reviewed the Department of the Army (DA) Vietnam Casualty Roster,
which contains the names of those soldiers wounded or injured in action in
the RVN.  The applicant’s name was not included in this DA list of soldiers
who were reported as RVN battle casualties.

6.  Item 40 (Wounds) of the applicant’s DA Form 20 (Personnel Qualification
Record) is blank and contains no entry that indicates he was ever
wounded/injured as a result of combat action.  In addition, his Military
Personnel Records Jacket (MPRJ) contains no orders or other documents that
indicate the applicant ever received a wound/injury as a direct result of
or that was caused by enemy action.  Further, there are no documents on
file that show he was ever recommended for or awarded the PH or that he was
ever treated for a combat-related wound or injury.

7.  There are no medical treatment records on file that indicate the
applicant was treated for an injury or wound received in action during his
service in the RVN.

8.  The applicant provides several pictures, apparently taken while he was
assigned to the RVN, which purport to show the applicant and other Soldiers
in various poses.  However, the pictures do not provide any corroboration
that he sustained wounds as a result of enemy action while assigned to the
RVN.

9.  The applicant also provides a Department of Veterans Affairs (VA)
rating decision, dated 26 February 2002, which lists residuals from a shell
fragment wound and a punji stick wound to his left shin, but fails to
corroborate that these conditions were a result of combat action.

10.  The applicant’s record contains a report of medical examination (SF
88), dated 19 August 1990, which shows that the applicant has a 1½”
vertical scar on his left wrist and a 1” horizontal scar on his right wrist
and indicates that these injuries were as a result of “active duty knife
wounds.”

11.  On 13 October 1971, the applicant was honorably released from active
duty the first time, after completing a total of 2 years, 1 month and 15
days of active military service.  His DD Form 214, effective 15 January
1985 shows that during
his tenure on active duty, he earned the following awards:  National
Defense Service Medal; Vietnam Service Medal; Vietnam Campaign Medal; Army
Service Ribbon; Parachute Badge; Combat Infantryman Badge; Driver's Badge
with Bar; Overseas Service Medal; Army Good Conduct Medal (4th Award);
Republic of Vietnam Gallantry Cross Unit Citation with Palm; Expert
Marksmanship Badge with Rifle Bar; and the Noncommissioned Officer
Professional Development Ribbon.

12.  Army Regulation 600-8-22 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
requests for award of the Purple Heart.

13.  Table B-1 of the awards regulation contains a list of campaigns and it
shows that during the applicant’s tenure of assignment in the RVN, he was
credited with participating in the Vietnam Counteroffensive Phase VII.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the PH.  However, there
is insufficient evidence to support this claim.  By regulation, in order to
award the PH it is necessary to establish that a Soldier was wounded in
action, that the wound required treatment by a medical officer, and that
the record of medical treatment must have been made a matter of official
record.

2.   The evidence of record provides no confirmation that the applicant was
ever wounded in action.  Although the veracity of the applicant's claim
that he sustained a shell fragment wound to his fingers and punji stick
wound to his left shin while serving in the RVN is not in question, there
is a lack of corroborating evidence of record to show this injury was
combat related. Therefore, there is insufficient evidence to satisfy the
regulatory burden of proof necessary to support award of the PH in this
case.

3.  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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 October 1971.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
12 October 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

__reb___  __lf____  __lmd___  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.  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 that he was awarded one bronze service star for wear on
his Vietnam Service Medal.



                                        Ronald E. Blakely
                                  ______________________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010189                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050927                                |
|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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