RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          26 July 2005
      DOCKET NUMBER:  AR20040011059


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Leonard Hassell               |     |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, in effect, that he was injured in a combat area.
He contends that a lieutenant did not submit the paperwork for the Purple
Heart and that even though his knee did not bleed it was blown out and he
has had seven operations thus far.  He also contends that he is medically
retired due to combat related injuries and that there are now
programs/benefits available to individuals with the Purple Heart.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
9 June 1986.  The application submitted in this case is dated 30 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 limitation 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 on 29 November 1968 for a period of 3 years.  He
served as an illustrator in Vietnam from 26 January 1970 through 17
December 1970 and was released from active duty on 18 January 1972.

4.  The applicant's DD Form 214 for the period ending 18 January 1972 does
not show the Purple Heart as an authorized award.

5.  There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20
is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.

7.  The applicant enlisted on 11 October 1972 and remained on active duty
through continuous reenlistments until he was discharged by reason of
physical disability on 9 June 1986.

8.  The applicant's DD Form 214 for the period ending 9 June 1986 does not
show the Purple Heart as an authorized award.

9.  The applicant's Physical Evaluation Board proceedings indicate that he
injured his right knee in high school in 1963 and that a meniscectomy was
performed at that time.  These proceedings also state the applicant twisted
his right knee during basic training in 1968 and that a meniscectomy was
performed in 1970 as a result of an injury in Vietnam.  However, there is
no evidence that this injury was the result of hostile action.

10.  DD Form 173/2 (Joint Messageform), dated February 1985, indicates that
the applicant injured his knee jumping away from an explosion in Vietnam in
February/March 1970.  However, there is no evidence this explosion was the
result of hostile action.

11.  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.  Although the applicant contends that he was injured in a combat area,
there is no evidence of record which shows that he was wounded or treated
for any injuries as a result of hostile action in Vietnam.  Therefore,
there is insufficient evidence on which to base an award of the Purple
Heart in this case.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 9 June 1986; therefore, the time for the applicant
to file a request for correction of any error expired on 8 June 1989.
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

LS_____  PM______  LH______  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.




            ___Linda Simmons_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011059                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050726                                |
|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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