RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 November 2005
      DOCKET NUMBER:  AR20050003692


      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. Prevolia A. Harper            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show his award of the Purple
Heart and his total active service.

2.  The applicant states that there is an error in his service dates and
that his DD Form 214 should reflect that he completed 22 years, 10 months,
and 10 days of active military service.  The applicant further states that
his DD Form 214 should reflect his Purple Heart.

3.  The applicant provides a copy of General Orders Number 42,
Headquarters, 1st Calvary Division (Airmobile), dated 17 October 1966 in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 September 1988.  The application submitted in this case is
dated 2 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 complete service records are not included in the
available records.  However, enlistment records show the applicant enlisted
in the Army on 29 May 1965 for a period of 3 years.  The applicant was
awarded the military occupational specialty (MOS) 76P20 (Stock Control and
Accounting Specialist) and the highest grade he held during this period was
sergeant.

4.  On 14 May 1974, the applicant was honorably released from active duty.
The DD Form 214 he was issued confirms that he served in Vietnam.  Item 18a
(Net Active Service This Period) of the DD Form 214 confirms he completed a
total of
6 years of active military service.  Item 22c (Foreign and/or Sea Service)
shows he completed 3 years and 20 days of foreign service.


5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) shows the applicant was awarded the
following awards: Parachute Badge, Combat Infantryman Badge, National
Defense Service Medal, Vietnam Service Medal with 5 bronze service stars,
Air Medal, Vietnam Campaign Medal with 1960 Device, Good Conduct Medal (2nd
Award), 3 Overseas Service Bars, and the Sharpshooter Badge (M-14).
The Purple Heart is not among the awards listed.

6.  A DD Form 214 with an effective date of 30 September 1988 shows the
applicant retired from active duty.  Item 12c (Net Active Service This
Period) shows he completed 9 years, 2 months, and 5 days of active service.
 Item 12d (Total Prior Active Service) shows he had 13 years, 8 months, and
5 days of prior active service.  The DD Form 214 does not contain a block
for the entry of the applicant’s cumulative service.

7.  The applicant provided a copy of General Orders Number 42,
Headquarters, 1st Cavalry Division (Airmobile), dated 17 October 1966.
These orders show that the applicant was awarded the Purple Heart for
wounds received in connection with military operations against a hostile
force on 2 October 1966.

8.  Army Regulation 800-8-22 (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.

9.  Army Regulation 635-5 (Separation Documents), prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty, or control of the Active Army.  It also contains
standardized policy for the preparation and distribution of the DD Form
214.  The DD Form 214 item by item preparation instructions contained in
the regulation in effect at the time of the applicant’s separation, in
effect, indicated that the years, months, and days actually served on
active duty would be entered in the net service this period and total
active service blocks of the form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that his DD Form 214 should reflect his total
service was carefully considered.  However, his DD Form 214 accurately
shows his total active period of service for that period.  It also shows
his total prior active service in item 12d of his DD Form 214 was
considered and calculated in determining his eligibility for retirement.
Therefore, there is no basis to correct his DD Form 214 for this period.

2.  General Orders Number 42, dated 17 October 1966 shows the applicant
received wounds as a result of hostile action on 2 October 1966.
Therefore, the applicant is entitled to correction of his records to show
award of the Purple Heart.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 September 1988; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
29 September 1991.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___SK __  __MHM__  __LMD__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing he was awarded
the Purple Heart for wounds sustained on 2 October 1966 while serving in
Vietnam.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correcting the applicant’s DD Form 214 to show his total service of 22
years, 10 months, and 10 days.




                            ______Stanley Kelley______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003692                           |
|                        |                                        |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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