RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 AUGUST 2005
      DOCKET NUMBER:  AR20050000267


      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:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Ms. Marla Troup                   |     |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 during his first period of honorable service
he was wounded in July or August 1969 at Fire Support Base Bastogne.  He
was awarded the Purple Heart, but it was never entered on his DD Form 214.
This was a clerical error by administrative personnel.  He had the Purple
Heart Medal and the citation but it was burned in a house fire in 2002.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 March 1977.  The application submitted in this case is
dated      23 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 was inducted into the Army on 13 January 1966.  He served
in Korea with the 2nd Infantry Division where he enlisted for 6 years on 6
March 1967.  He served in Vietnam from April 1969 to April 1970 with
Company C,       3d Squadron, 5th Cavalry.  He participated in three
campaigns during his tour of duty in Vietnam, and the 3d Squadron, 5th
Cavalry was awarded the Presidential Unit Citation and the Republic of
Vietnam Gallantry Cross Unit Citation with Palm for its actions during the
applicant’s assignment to that organization.

4.  The applicant was discharged on 14 September 1970.  His DD Form 214
does not show award of the Purple Heart.  It does show award of the Vietnam
Service Medal, but in so doing, does not reflect the number of campaigns in
which he participated.  He reenlisted in the Army for 6 years on 15
September 1970, and again for another 6 years on 15 September 1976.

5.  The applicant’s personnel qualification record shows 19 months of
overseas service in the Far East (Korea) from November 1966 to June 1968,
service in Germany from July 1968 to March 1969, the above-mentioned period
of service in Vietnam, and service in Germany again from March 1972 to June
1974.

6.  On 19 October 1976 the applicant, then stationed at Fort Hood, Texas,
went AWOL (absent without leave), and remained so until his apprehension by
civil authorities at Carrollton, Texas in February 1977.  He was returned
to military control on 18 February 1977 and assigned to the Personnel
Control Facility at Fort Sill, Oklahoma.

7.  On 25 February 1977 the applicant requested discharge under the
provisions of Army Regulation 635-200, chapter 10, for the good of the
service in lieu of trial by court-martial.  His request was approved on 9
March 1977.  He was discharged under other than honorable conditions on 16
March 1977.

8.  Army Regulation 600-8-210.  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.

9.  The applicant’s Official Military Personnel File (OMPF) contains no
evidence to indicate that he was wounded in action. The applicant is not
listed as a casualty on the Vietnam casualty roster maintained by this
agency.

10.  Service (campaign) medals and service ribbons denote honorable
performance of military duty within specified limited dates in specified
geographical areas.  Army Regulation 600-8-22, paragraph 6-7 provides for
service stars for wear on campaign and service ribbons to denote an
additional award, and states that service stars are authorized for wear on
the
Vietnam Service Medal.  One bronze service star denotes participation in
one campaign.

11.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence and the applicant has not provided any to show
that he was wounded as a result of hostile action.  Consequently, he is not
entitled to award of the Purple Heart.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 March 1977; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         15 March 1980.  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.

3.  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

__KN ___  __WP___  __MT ___  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 at St. Louis is requested to
correct the applicant’s records to show award of the Presidential Unit
Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm,
the Vietnam Service Medal with three bronze service stars, and the Korea
Defense Service Medal.







                                  ____Kathleen Newman______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000267                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050823                                |
|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.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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