RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       23 November 2005
      DOCKET NUMBER:  AR20050001942


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Larry Olson                   |     |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 that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was wounded in Vietnam (1969-
1970) when he received shrapnel wounds to the buttocks.  He goes on to
state that he was evacuated from the fire-base for medical treatment with
other members of his squad and although he was treated, the shrapnel was
never removed and still remains in his buttocks to this day.  The shrapnel
has been located by x-rays performed by the Department of Veterans Affairs
(VA).  He further states that he has never received a Purple Heart and
desires that error to be corrected at this time.

3.  The applicant provides a copy of a letter from the VA indicating the
presence of metallic objects in the soft tissues of his buttocks.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 May 1990.  The application submitted in this case is dated 4
November 2004 and was received on 4 February 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 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.  He was inducted in Guam on 10 November 1964 and remained on active duty
as a combat engineer through a series of continuous reenlistments.

4.  He served in Vietnam from 13 September 1967 to 12 September 1968 in the
pay grade of E-5 and was assigned to Company B, 86th Engineer Battalion.
He served in Vietnam again from 7 October 1969 to 6 October 1970 with the
321st Artillery Regiment.

5.  He was promoted to the pay grade of E-7 on 18 September 1976 and to the
pay grade of E-8 on 10 August 1982.

6.  On 31 May 1990, he was honorably released from active duty and was
transferred to the Retired List effective 1 June 1990.  He had served 25
years, 6 months, and 21 days of total active service.

7.  A review of the available records, as well as the Vietnam Casualty
Listing fails to show any indication that the applicant was wounded as a
result of enemy action or that he was treated for any such wounds/injuries.
 There is also no indication that he was ever reported as a casualty.

8.  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 a
result of hostile action, that the wound must have required treatment by a
medical officer, and that the medical treatment was made a matter of
official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention has been noted.  However, he has failed to
show through the evidence submitted or the evidence of record sufficient
evidence to establish that he was injured as a result of enemy action and
that he received treatment for that injury.

2.  Therefore, absent evidence to show that he was wounded as a result of
enemy action and the treatment was made a matter of record, there appears
to be no basis to award him the Purple Heart at this time.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 May 1990; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 May 1993.  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.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_JS_____  __PM____  _LJO___  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.




            _____John Slone_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050001942                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051123                                |
|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                  |61/PH                                   |
|1.107.0015              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]