RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 August 2005
      DOCKET NUMBER:  AR20050003661


      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. Yvonne J. Foskey              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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, in effect, that the Purple Heart be added to
his record and DD Form 214 (Certificate of Release from Active Duty).

2.  The applicant states, in effect, that he should have been awarded the
Purple Heart.  He further states, in effect, that he believes that the
request for awarding him the Purple Heart was never turned in by the medic
[medical aidman].

3.  The applicant provides a copy of self-authored letter submitted to the
awards branch that is undated, copy of letter received from the Human
Resources Command Award Branch, dated 10 February 2004, copy of letter from
the National Personnel Records Center, dated 19 November 2003, copy of
Special Orders Number 43, dated 12 February 1971, copy of DA Form 20, and
copy of Request Pertaining to Military Records [SF 180].

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 January 1985, the date of his separation from active duty.
The application submitted in this case is dated 5 March 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 records show that he was inducted in the Regular Army
on
1 December 1960.  He completed basic training and advanced individual
training and was awarded military occupation specialty (MOS) 642.10 (heavy
vehicle driver).

4.  On 3 December 1962, the applicant was honorably released from active
duty and transferred to the United States Army Reserve.  The DD Form 214 he
was issued at the time shows that he completed a total of 2 years and 3
days of active military service.

5.  Records show on 1 March 1963, the applicant enlisted in the Regular
Army for a period of 3 years.  He completed advanced individual training
and was awarded MOS 11E (tank driver).

6.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows, in
Item 35 [Record of Assignment], that he served two separate tours of duty
in the Republic of Vietnam (RVN).  During his first tour in Vietnam he was
assigned to Company M, 3rd Squadron, 11th Armored Cavalry Regiment, from 17
April 1967 through 4 December 1967 and during his second tour he was
assigned to Troop F, 17th Cavalry of the 23rd Infantry Division from 11
February 1971 through
18 October 1971.

7.  The applicant’s DA Form 2-1, Item 40 (Wounds) is blank and Item 41
(Awards and Decorations) does not include the Purple Heart in the list of
authorized awards entered.

8.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
orders or other documents that indicate he was ever wounded in action or
awarded the Purple Heart.  In addition, there are no medical treatment
records on file in the MPRJ that indicate he was ever treated for a combat
related wound or injury.

9.  During the processing of this case, a member of the ABCMR staff
reviewed Vietnam Casualty Roster.  This search failed to reveal the
applicant’s name among the list of Vietnam battle casualties.

10.  The applicant’s records contain a self authored, undated letter
addressed to Chief of the Army Military Awards Branch.  The applicant
stated, in effect, that he had been wounded by shrapnel along with three
other soldiers while engaged with the enemy in Vietnam.  He further stated
that he was treated by a medic [medical aidman] for his wounds and was then
informed by the medic that he could receive the Purple Heart for his
wounds.

11.  The applicant’s records contain a 10 February 2004 letter from the
Military Awards Branch regarding his entitlement to the Purple Heart.  The
Chief of the Awards Branch wrote that the applicant’s record failed to
indicate he was injured as a result of hostile action.  The letter also
stated that review of the applicant’s medical documentation indicated that
he was treated for pain in the shoulder and





numbness to the thigh.  The Chief of the Military Awards Branch concluded
that there was no evidence that these injuries were received as a direct
result of hostile action and that the applicant’s name was not among the
list of Vietnam era battle casualties.  The Chief of the Awards Branch
recommended to the applicant to request from the National Personnel Records
Center [St. Louis, Missouri] copies of the Unit Morning Reports for the
period in question to substantiate an award of the Purple Heart.

12.  Applicant’s records contain a 17 February 2005, letter from the
National Personnel Records Center stating that they were unable to provide
the extensive search of morning reports requested.  The applicant was
informed that if a search of morning report is required that a search of a
specific three month period could be done and that he would have to submit
this request to the National Archives and Records Administration for these
records.

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.

DISCUSSION AND CONCLUSIONS:

1. The applicant contends that he is entitled to award of the Purple Heart
for wounds sustained in Vietnam in June 1971.

2.  By regulation, award of the Purple Heart is based on wounds resulting
from enemy action, treatment of those wounds by a medical officer, and an
official record made of that treatment.

3.  There are no orders which award the applicant the Purple Heart.  There
is no medical evidence of record which shows the applicant was wounded or
treated for wounds resulting from hostile action.  Officials of the Army
Military Award Branch confirmed that there was no evidence the applicant
was wounded or treated for wounds resulting from hostile action.
Furthermore, the applicant stated that there were other Soldier’s present
when he was wounded; however, he provided no statements from those
Soldiers.





4.  In view of the facts of this case, the regulatory burden of proof
required to support award of the Purple Heart has not been satisfied.  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

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 January 1985; the date of his
discharge; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 30 January 1988.  Although
the applicant did not file within the ABCMR’s statue of limitations, it is
appropriate to waive failure to timely file based on the fact there is no
statue of limitations on request for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JRM__  __WDP__  _RLD___   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.




                                  William D. Powers
                                   CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050003661                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/08/02                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1985/01/31                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |Chapter 12 Retirement                   |
|BOARD DECISION          |DENY,                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |144                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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