RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 August 2005
      DOCKET NUMBER:  AR20050001244


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 correction of his records to show award of the
Purple Heart.

2.  The applicant states, in effect, that he received wounds while serving
in Vietnam.  He further states that he was put in for the Purple Heart but
never received it.  He further requests replacement of all his medals.

3.  The applicant provides a Standard Form 600 (Chronological Record of
Medical Care), dated 3 August 1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 August 1985.  The application submitted in this case is
dated 15 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.  The applicant’s military records are not available to the Board from
the period December 1964 though February 1974.  This case is being
considered using reconstructed records, which primarily consist of a DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) with the ending period 2 September 1966, a DD Form 214 with the
ending period 3 September 1977, a DD Form 214 (Certificate of Release or
Discharge from Active Duty) with the ending period 31 August 1985, a DA
Form 2-1 (Personnel Qualification Record), and a Standard Form 600, dated
3 August 1971.

4.  The applicant enlisted in the Regular Army on 2 December 1964 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 11B (Light Weapons
Infantryman).

5.  Records show that the applicant served in Vietnam form 28 December 1965
through 14 December 1966 and 10 November 1969 through 12 December 1971.

6.  The applicant's DD Form 214 with the ending period 2 September 1966
shows he was awarded the Vietnam Service Medal and the Combat Infantryman
Badge.

7.  The applicant provided a Standard Form 600 dated 3 August 1971 that
shows he was treated at the 23rd Infantry Division aid station for a small
piece of shrapnel to his lower right knee.  His wound was cleaned and he
was returned to duty with a profile.

8.  The applicant's DD Form 214 with the ending period 3 September 1977
shows he was awarded the Combat Infantryman Badge, the National Defense
Service Medal, the Army Commendation Medal (1st Oak Leak Cluster), the Army
Good Conduct Medal, the Republic of Vietnam Campaign Medal with Device
(1960), the Bronze Star Medal (2nd Oak Leaf Cluster), the Armed Forces
Expeditionary Medal, and the Republic of Vietnam Gallantry Cross with Palm.

9.  The applicant's DD Form 214 with the ending period 31 August 1985 shows
he was awarded the Combat Infantryman Badge, the National Defense Service
Medal, the Republic of Vietnam Service Medal with 7 bronze service stars,
the Army Service Ribbon, the Army Overseas Ribbon, the Army Commendation
Medal (1st Oak Leak Cluster), the Republic of Vietnam Campaign Medal with
Device (1960), the Bronze Star Medal (2nd Oak Leaf Cluster), the Armed
Forces Expeditionary Medal (Korea), the Republic of Vietnam Gallantry Cross
with Palm, and the Expert Marksmanship Qualification Badge (45 Caliber
Pistol).

10.  The applicant was honorably released from active duty on 31 August
1985 and assigned to the U.S. Army Reserve Control Group (Retired).

11.  There are no general orders in the applicant’s service personnel
records that show he was awarded the Purple Heart.  There also is no
evidence in his service personnel records that shows that he was wounded or
treated for wounds as a result of hostile action in Vietnam.  The
applicant's name is not listed on the Vietnam Casualty Roster.

12.  Item 9 (Awards and Decorations) of the applicant's DA Form 2-1
(Enlisted Qualification Record) does not show award of the Purple Heart.

13.  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.  When
contemplating an award of this decoration, the key issue that commanders
must take into consideration is the degree to which the enemy caused the
injury.  The fact that the proposed recipient was participating in direct
or indirect combat operations is a necessary prerequisite, but is not sole
justification for award.  This regulation also provides that there is no
statute of limitations on request for award of the Purple Heart.

14.  The ABCMR does not issue medals.  However, awards shown on the DD Form
214 (Report of Transfer or Discharge) may be requested by submitting a
request in writing to the following address:  National Personnel Records
Center, ATTN:  Army Medals, 9700 Page Avenue, St. Louis, Missouri 63132-
5100.  A copy of the discharge document should be provided with the
request.  Foreign awards are not issued by the Department of the Army but
may be purchased from civilian dealers in military insignia.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that
show he was awarded the Purple Heart.  There is no evidence in the
available records and the applicant has not provided evidence that shows
his injury was a result of hostile action.  In the absence of military
records which show the applicant was injured as a result of hostile action,
there is an insufficient basis for award of the Purple Heart in this case.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 August 1985.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 August 1988.  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

__ JS ___  __ DJ ___  __ MJF _  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

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.




                                        _Mr. John Slone ____
                                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001244                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |11 August 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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