RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2005
      DOCKET NUMBER:  AR20050000119


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. Carmen Duncan                 |     |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.

2.  The applicant states, in effect, that he was wounded many times while
serving in Vietnam, the worst of which occurred while firing mortars at the
enemy, on
23 November 1965.

3.  The applicant provides a self-authored statement in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 July 1968, the date of his discharge from the U.S. Army.
The application submitted in this case is dated 14 December 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 military service record shows that he enlisted in the
U.S. Army on 18 February 1965.  After completion of basic combat training
and advanced individual training, he was awarded military occupational
specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant's military service record shows that he was assigned to
the
1st Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile) in Vietnam,
from
June 1965 to August 1966.  He was discharged from the U.S. Army under
conditions other than honorable on 25 July 1968 after serving a total of 2
years,
7 months, and 27 days.  Under the Department of Defense Discharge Review
Program (Special), the Army Discharge Review Board upgraded the applicant's
discharge to Under Honorable Conditions (General), effective 25 May 1977.




5.  There are no orders in the applicant’s service personnel record which
shows that he was awarded the Purple Heart.  There also is no evidence in
his records that he was wounded or treated for wounds as a result of
hostile action.  However, the applicant's name is listed on Page 2269 of
The Adjutants General Office, Casualty Division's Vietnam Casualty Roster,
showing he was wounded as a result of hostile action, on 23 November 1965.

6.  The applicant's records contain a copy of Department of Veterans
Affairs Rating Decision, dated 16 January 2002, which shows he was granted
a service connected disability rating of 10 percent for residuals of
shrapnel wound to his left thigh.

7.  The applicant provides a self-authored statement describing the
incident during which he was wounded.  In the statement, he identifies the
names of two of his fellow Soldiers that were manning the mortar with him
at the time; both of whom were killed, when the applicant was wounded.

8.  A further review of The Adjutants General Office, Casualty Division's
Vietnam Casualty Roster, shows the names of the two fellow Soldiers,
indicating they were killed as a result of hostile action, on 23 November
1965.

9.  The applicant's original DD Form 214, issued at the time of his
discharge, does not show a typed entry for the Purple Heart in item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized); however, it does contain a hand-written entry
showing "Purple Heart".

10.  The DD Form 214, reissued to the applicant by the Army Review Boards
Agency, does not show award of the Purple Heart.  However, the Army Review
Boards Agency letter, dated 12 June 2000, forwarding the corrected DD Form
214 to the applicant, advises him that the Board was unable to verify
entitlement to the Purple Heart from the records available to them at the
time.  The letter goes on to advise the applicant that he may request a
review for this award by submitting an application to the Board.

11.  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.  There
is no statute of limitations governing requests for award of the Purple
Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
because he was wounded many times while serving in Vietnam, the worst of
which was while firing mortars at the enemy, on 23 November 1965.

2.  Although there is no document showing the applicant was treated for his
wound, evidence of records shows that the applicant was wounded as a result
of hostile action while serving in Vietnam, on 23 November 1965, and this
fact was made a matter of official records.  Therefore, the applicant is
entitled to award of the Purple Heart.

3.  There is no evidence of records that show the applicant was wounded on
any other occasion while serving in Vietnam.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 July 1968, the date of his
discharge; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 24 July 1971.  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:

__MDM__  __LCB__  ___CD___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION










BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing award of the Purple Heart.





                            _____Mark D.Manning_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000119                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051004                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19680725                                |
|DISCHARGE AUTHORITY     |AR 635-212                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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