RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2005
      DOCKET NUMBER:  AR20050002417


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Larry 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 award of the Purple Heart.

2.  The applicant states that the Purple Heart was not annotated on his DD
Form 214.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 October 1982, the date of his retirement from active duty.
The application submitted in this case is dated 21 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 was inducted in the Army on 10 September 1962.  After
completion of basic and advanced individual training, he was awarded
military occupational specialty 11B (Infantryman).  He served in Vietnam
during the periods 28 September 1966 through 28 September 1967 and 29 April
1971 through 23 May 1972.  After a series of reenlistments, the applicant
was honorably separated for the purpose of retirement on 31 October 1982.

4.  There are no orders in the applicant's service personnel records which
show that he was awarded the Purple Heart.  There also is no evidence in
his records that show he was wounded or treated for wounds as a result of
hostile action.  His DA Form 2-1 (Personnel Qualification Record) does not
list the Purple Heart in Item 9 (Award, Decorations, and Campaigns) and
Item 40 (Wounds) do not contain any entries.  The applicant's name is also
not listed on the Vietnam Casualty Roster.



5.  The applicant submitted a two-page statement wherein he wrote:

      a.  On or about 15 January 1972, while serving in the province of
Kien Hoa, he and his interpreter were riding in a Jeep when they hit a mine
which knocked him out of the vehicle.

      b.  He landed in a ditch and was unable to move his right leg.

      c.  He was taken by helicopter to a hospital in Kien Hoa province,
where he was placed in a body cast because his leg was broken in several
places.

      d.  He was then moved around to several places in Asia before being
sent to Seattle, Washington.

      e.  Afterwards, he was moved to Fort Polk, Louisiana, where he was
hospitalized for six months.

      f.  He was informed by an officer while in the hospital in Kien Hoa
that he would receive a Purple Heart; however, nine months later he was
awarded the Bronze Star Medal and never received the Purple Heart.

6.  Army Regulation 600-8-22 (Military Awards) 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.

7.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his DD Form 214.

8.  The applicant's DA Form 2-1 shows he served in Korea for the period 30
May 1969 through 22 June 1970.

9.  The applicant's DD Form 214 does not list the Korea Defense Service
Medal.

10.  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.

11.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercises conducted in the area of eligibility as long as
the basic time criteria is met.  The message further provided that, due to
extensive time period for the Korea Defense Service Medal eligibility, the
non-consecutive service period for eligibility remains cumulative
throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Purple Heart for wounds
received while in Vietnam.

2.  Contrary to the applicant's contention, there are no general orders
available which awarded the applicant the Purple Heart.  There are no
medical records available which show the applicant was wounded or treated
for wounds as a result of hostile action during his service in Vietnam.  In
the absence of such evidence, there is insufficient basis for award of the
Purple Heart in this case.

3.  The Korea Defense Service Medal was authorized for service in Korea
after 28 July 1954.  The evidence of record in this case confirms the
applicant served in Korea from 30 May 1969 through 22 June 1970.  As a
result, it would be appropriate to add the Korea Defense Service Medal to
his record and DD Form 214 at this time.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 October 1982.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 October 1985.  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.

5.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mm___  ___cd___  _lb  _____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive the ABCMR's three
year statute of limitations in this case.

2.  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 to show award of
the Purple Heart.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of the Korea Defense Service Medal.




                                  _____ Mark Manning   ____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002417                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/10/04                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY/Admin                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  61   |107.0015/PH                             |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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