RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 JANUARY 2005
      DOCKET NUMBER:  AR2004106999


      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. Walter Morrison               |     |Chairperson          |
|     |Ms. Eloise Prendergast            |     |Member               |
|     |Ms. Jeanette McCants              |     |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 that he was wounded in February 1968 while in
Vietnam. He was transported to Camp Zama, Japan and was awarded the Purple
Heart.  He has to make certain co-payments since the award of the Purple
Heart is not shown on his DD Form 214 (Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 14 November 1969.  The application submitted in this case
is dated 25 March 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 was inducted into the Army on 15 November 1967, trained
as an armor intelligence specialist, MOS (military occupational specialty)
11D, and in April 1968 was assigned to the Americal Combat Center in
Vietnam, and in May of that year as a scout observer with F Troop, 17th
Cavalry, 196th Light Infantry Brigade.

4.  A 27 April 1968 medical record indicates that the applicant was seen at
the Americal Combat Center dispensary complaining of pain in his chest,
indicating that he had a history of chest pain for many years.  That record
indicates that the doctor stated that he would give "trial of Librium."

5.  On 23 September 1968 the applicant was awarded the Combat Infantryman
Badge.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that
he was transferred as a patient to an Army hospital in Camp Zama, Japan on
      20 February 1969.  Item 40 (Wounds) of that form does not contain an
entry.  That form does not show award of the Purple Heart.  On 27 March
1969 he was assigned to Fort Knox, Kentucky.  He was released from active
duty on             14 November 1969 on his ETS (expiration of term of
service).  His DD Form 214 does not show award of the Purple Heart.

7.  The applicant participated in three campaigns while in Vietnam, and the
    17th Cavalry was awarded the Republic of Vietnam Gallantry Cross Unit
Citation with Palm for its actions while the applicant was assigned to that
organization.

8.  In January 1970 and in April 1971 the Veterans Administration (VA)
requested information concerning the applicant's alleged injuries,
indicating that the applicant indicated that he injured his right foot in
January 1969 and was treated at Danang in Vietnam, that he was treated for
torn ligaments in February 1969 in Japan, and that he was treated for pes
planus.

9.  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.

10.  The applicant is not listed as a casualty on the Vietnam casualty
roster maintained by this agency.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has submitted no evidence concerning the circumstances of
his alleged wounds, e.g., the site location where he was wounded, the type
of wound (bullet, shrapnel, explosion, etc.), the part of his body where he
was injured, etc.  Nor has he submitted any medical evidence that he was
treated for any wounds. His military records and the medical records
available do not show that he was wounded in action.  Notwithstanding his
contention, there is no evidence to substantiate that he was wounded in
action.  Consequently, he is not entitled to award of the Purple Heart.

2.  The applicant participated in three campaigns during his tour of duty
in Vietnam.  He is entitled to award of the Vietnam Service Medal with
three bronze service stars (one for each campaign).

3.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 November 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    13 November 1972.  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.

5.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WM__  __EP ___  ___JM __  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 Case Management Support Division in St. Louis is requested to
correct the applicant's records to show award of the Vietnam Service Medal
with three bronze service stars and the Republic of Vietnam Gallantry Cross
Unit Citation with Palm.




                                  _____Walter Morrison_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106999                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050113                                |
|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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