RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          12 August 2004
      DOCKET NUMBER:  AR2004100307


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Ann M. Campbell               |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Mr. John P. Infante               |     |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 that his records be corrected to reflect that he
was awarded the Purple Heart with one oak leaf cluster (OLC).

2.  The applicant states, in effect, that he was awarded two Purple Hearts
for combat induced injuries in Vietnam and that he received one for each
tour in Vietnam.  He goes on to state that although the injuries were not
life threatening, he still has the scars.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 September 1979.  The application submitted in this case is
dated 2 November 2003.

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's medical records were not available for review; however,
his Official Military Personnel File (OMPF) shows that he was initially
commissioned as a United States Army Reserve second lieutenant on 11 August
1956, with a concurrent call to active duty.  Upon completion of his basic
infantry officer training, he underwent training as an aviator and remained
an aviator throughout his career as a Regular Army officer.

4.  He was promoted to the rank of captain on 25 August 1961 and was
transferred to Vietnam on 29 March 1966.  He was assigned as the aviation
safety officer of Headquarters and Headquarters Troop, 1st Squadron, 9th
Cavalry Regiment, 1st Calvary Division, and was promoted to the rank of
major on 27 July 1966.  He completed his tour in Vietnam on 28 March 1967
and was transferred to Fort Wolters, Texas.

5.  He remained at Fort Wolters until 1 February 1969, when he was again
transferred to Vietnam.  He was assigned to Headquarters and Headquarters
Company, 3rd Brigade, 82nd Airborne Division for duty as a brigade aviation
officer and aviation detachment commander.  He completed his tour in
Vietnam on 12 December 1969 and was transferred to Fort McPherson, Georgia.
 He was promoted to the rank of lieutenant colonel (LTC) on 16 June 1970
and continued to serve until he was honorably released from active duty on
30 September 1979 and was transferred to the Retired List effective 1
October 1980, by reason of length of service.  He had served 23 years, 1
month and 20 days of total active service.

6.  A review of the available records, to include the Vietnam Casualty
Listing, fails to show any indication that the applicant was ever
wounded/injured as a result of enemy action, that he was treated by medical
personnel for such wounds or injuries or that he was awarded a Purple
Heart.

7.  A review of his OMPF reveals that all awards contained on his report of
separation (DD Form 214) at the time he was placed on the Retired List are
properly documented.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound/injury sustained as a result of hostile
action.  Substantiating evidence must be provided to verify that the
wound/injury was a result of hostile action, that the wound/injury must
have required treatment by a medical officer, and that the medical
treatment was made a matter of official record.

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.  The applicant has not provided and the available records do not contain
any evidence to support his contention that he was wounded in action, that
medical care was rendered and documented or that he was awarded any Purple
Hearts for such wounds/injuries.

3.  Therefore, absent evidence to the contrary, there appears to be no
basis to correct his records to reflect any awards of the Purple Heart.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 September 1979; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 29 September 1982.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__amc___  __jea___  __jpi___  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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



                                  Ann M. Campbell
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100307                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040812                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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