RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 NOVEMBER 2004
      DOCKET NUMBER:  AR2004104595


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Hubert Fry                    |     |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 record be corrected to show award of
the Purple Heart.

2.  The applicant states that he was injured during an attack and
hospitalized for [an injury to] his right leg and knee.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 November 1991.  The application submitted in this case
is dated 28 January 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 in the Army for 2 years on 21 October 1969, and
served in Vietnam from 8 December 1970 to 2 July 1971 with Company D, 864th
Engineer Battalion as a power generator equipment operator.  He was
released from active duty at Fort Hood, Texas in the pay grade of E-4 on 27
August 1971, and transferred to the Army Reserve.  His DD Form 214 (Report
of Transfer or Discharge), in showing the reason for his transfer,
indicated that he was a member of a medical hold detachment who, upon
completion of hospitalization did not intend to immediately enlist or
reenlist in the Regular Army.  His             DD Form 214 does not show
award of the Purple Heart.

4.  The applicant reenlisted in the Army for 4 years on 24 September 1973
and was on continuous active duty until his retirement in November 1991.
He served in Southwest Asia from 2 October 1990 to 9 April 1991.

5.  The applicant's personnel qualification record contains the remark "Tri-
compartment OA right knee, run at own pace and distance."

6.  The Unit Citation and Campaign Participation Credit Register shows that
the 864th Engineer Battalion was awarded the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation for its actions while the
applicant was assigned to that unit.

7.  Army Regulation 600-8-22 provides 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.

8.  The Vietnam Casualty Roster maintained at this agency does not list the
applicant as being wounded in action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he was injured during an attack; however,
does not provide evidence thereof, to include the circumstances of his
injuries.  Presumably, the applicant is requesting award of the Purple
Heart for injuries incurred in Vietnam, and while his 27 August 1971 DD
Form 214 indicates that he was a member of a medical holding detachment,
this in itself is not proof that he was wounded as a result of hostile
action; nor does the entry on his personnel qualification record suffice as
such evidence.

2.  There is no medical documentation to show that the applicant was
wounded in action.  Consequently, there is no basis for award of the Purple
Heart.

3.  The applicant has submitted neither probative evidence nor a convincing
argument in support of his request.

4.  The evidence shows that the applicant’s record contains administrative
error that does not require action by the Board.  The necessary corrections
will be accomplished administratively by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined in paragraph 3 of the
Determination/Recommendation section below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 November 1991; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    29 November 1994.  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

___JH___  ___LE __  ___HF __  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.

3.  The applicant is entitled to award of the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.  The Case Management
Division at St. Louis is requested to correct his records to reflect this
award.




                                  _______James Hise_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104595                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041118                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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