RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2005
      DOCKET NUMBER:  AR20050003341


      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. Mark D. Manning               |     |Chairperson          |
|     |Mr. Larry C. 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 correction of his records to show award of the
Purple Heart.

2.  The applicant states, in effect, that his award of the Purple Heart is
missing from his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge).

3.  The applicant provides no documentation in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 8 January 1970.  The application submitted in this case is
dated 23 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 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.  This
case is being considered using reconstructed records, which primarily
consist of his DD Form 214 with the period ending 8 January 1970.

4.  The applicant's DD Form 214 shows he enlisted in the Regular Army on
4 April 1967 and he was awarded military occupational specialty 76S
(Automotive Repair Parts Specialist).  His last duty assignment and major
command shows C Company, 701st Maintenance Battalion, 1st Infantry
Division, Republic of Vietnam.  The applicant was honorably released from
active duty on 8 January 1970 and assigned to the U.S. Army Reserve Control
Group (Reinforcement).

5. Item 22c (Foreign and/or Sea Service) contains the entry "7 months 3
days."



6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) shows the applicant was awarded the
National Defense Service Medal, the Army Good Conduct Medal, the Vietnam
Service Medal, and the Republic of Vietnam Campaign Medal.

7.  The applicant's medical records are not available.  His name is not
listed on the Vietnam Casualty Roster.

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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name does not appear on the Vietnam Casualty Roster.
He has not provided evidence, such as eyewitness accounts from his chain of
command at the time or medical personnel who treated his wounds that shows
he was wounded or treated for wounds as a result of hostile action.

2.  In the absence of military records or substantiating evidence which
shows the applicant was wounded or treated for wounds as a result of
hostile action, there is insufficient basis for award of the Purple Heart
in this case.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 January 1970.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 7 January 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

__MDM__  __LCB __  __ CD __  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.




                                  _____ Mark D. Manning ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003341                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |4 October 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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