RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 September 2005
      DOCKET NUMBER:  AR20050000972


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Mr. Patrick McGann                |     |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 three awards of the Purple Heart.

2.  The applicant states, in effect, that his records should be corrected
to show three awards of the Purple Heart for wounds he received in Korea
and Vietnam.  Around the end of November 1950, he was a heavy machine gun
squad leader with Troop D, 7th Cavalry Regiment, 1st Cavalry Division and
was deployed to North Korea.  He confronted a person he thought was a North
Korean Soldier.  The person pulled a knife on him and attempted to stab
him.  He defended himself by grabbing the knife and he was cut on the back
of his hand between the thumb and index finger.  The medic treated his hand
and he was instructed to report to the Battalion Aid Station to have it
stitched.  In the next few days, he was very busy setting up lines of fire
and improving the squad's defensive positions.  Since the wound healed
satisfactorily, he saw no reason to leave his squad at such a crucial time.
 During the first of December 1950, his machine gun squad was in general
support of a line troop preparing to defend against an enemy attack.  While
he checked one of his ammo bearers position, he was struck with fragments
on his lower leg, lower back and buttocks.  He removed the fragment from
his leg and bandaged it to stop the bleeding.  The platoon medic removed
the fragments from his back and buttocks.  He states that these wounds
caused some discomfort but they were not serious.  His wounds healed and he
never seemed to find the time to report his injuries.

3.  The applicant also states that he was detailed as Patrol Leader for
Base Camp Perimeter Recon Patrol in South Vietnam around the end of
November 1966.  He served as a Noncommissioned Officer-In-Charge (NCOIC) of
Personnel Actions/Awards and Decorations Branch, 4th Administration
Company, 4th Infantry Division.  A Soldier tripped a booby-trap wire which
released a two or three foot board with bunji-stakes attached.  The corner
of the board struck the palm of his left hand lacerating his palm.  Another
NCO bandaged his hand to stop the bleeding and to protect his wound.  He
was unable to go to Sick Call so he treated his wound.

4.  The applicant provides two separation documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 May 1970.  The application submitted in this case is dated
20 January 2005.

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.  After having had prior service in the National Guard, the applicant
enlisted in the Regular Army on 2 June 1948.  He served in Korea from
October 1948 to June 1951.

4.  The applicant's WD AGO Form 24A (Service Record) does not list any
wounds in Section 8 (Wounds Received Through Enemy Action).

5.  On 18 April 1952, the applicant underwent a physical examination for
separation and reenlistment.  His Report of Medical Examination (Standard
Form 88) does not make reference to wounds sustained in combat or show
wounds or injuries consistent with those received as a result of hostile
action.  This medical document does not list any identifying body marks or
scars in Block 39.

6.  The applicant's name is not listed on the Korean Casualty Roster.

7.  The applicant was discharged from active duty on 21 April 1952.  His
DD Form 214 for the period ending 21 April 1952 shows the Army of
Occupation Medal with Japan Clasp, the Combat Infantryman Badge, the Korean
Service Medal with three bronze service stars and the Republic of Korea
Presidential Unit Citation as an authorized awards.

8.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on
the applicant's DD Form 214 for the period ending 21 April 1952 shows the
entry "NONE."

9.  The applicant reenlisted on 22 April 1952 for a period of three years.
He was discharged from active duty on 5 April 1955.  His DD Form 214 for
the period ending 5 April 1955 shows the National Defense Service Medal as
an authorized award.

10.  Item 29 on the applicant's DD Form 214 for the period ending 5 April
1955 shows the entry "NONE."



11.  The applicant reenlisted in the Regular Army on 13 April 1955 for a
period of six years.  He was honorably discharged from active duty on 31
March 1961.  His DD Form 214 for the period ending 31 March 1961 shows the
Good Conduct Medal as an authorized award.

12.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) on
the applicant's DD Form 214 for the period ending 31 March 1961 shows the
entry "None."

13.  After a break in service, he enlisted in the Regular Army on 6
February 1963 for a period of three years.  He was discharged on 15
November 1964 for the purpose of immediate reenlistment.  His DD Form 214
for the period ending 15 November 1964 shows the Expert Marksmanship
Qualification Badge with Rifle Bar and a Letter of Appreciation as
authorized awards.

14.  The applicant reenlisted on 16 November 1964 for a period of six
years.

15.  On 23 October 1966, the applicant was assigned to the 4th
Administration Company, 4th Infantry Division in Vietnam as a personnel
actions supervisor.  He departed Vietnam on 28 October 1967.

16.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
list any wounds in item 40 (Wounds).  The applicant's name is not listed in
the Vietnam Casualty Roster.

17.  The applicant was assigned to Korea in April 1969 as a personnel staff
NCO.

18.  On 13 January 1970, the applicant underwent a physical examination for
the purpose of retirement.  His Report of Medical Examination does not make
reference to wounds sustained in combat or show wounds or injuries
consistent with those received as a result of hostile action.

19.  He departed Korea in April 1970 and was retired from active duty on 31
May 1970.  His DD Form 214 for the period ending 31 May 1970 does not show
any awards of the Purple Heart.

20.  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.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.  The bronze oak leaf cluster is
awarded to denote the second and succeeding awards of certain decorations,
among which is the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders which authorize three awards of the Purple Heart to
the applicant.  His name is not listed on the Korean Casualty Roster or the
Vietnam Casualty Roster.

2.  The applicant contends that he was wounded twice in Korea and once in
Vietnam.  However, there are no medical documents which verify that the
applicant was wounded or injured as a result of hostile action.  In
addition, his Service Record and Enlisted Qualification Record do not
indicate wounds sustained as a result of hostile action.  Therefore, there
is insufficient evidence to show the applicant has met the requirements for
three awards of the Purple Heart.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 May 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 May 1973.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file in this case based on the fact there is no statute of
limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JH______  TO______  PM______  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.




                                  James Hise____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000972                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050920                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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