RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 December 2005
      DOCKET NUMBER:  AR20050004363


      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. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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 he received a gunshot wound to
his leg while serving in Vietnam and never received the Purple Heart.

3.  The applicant provides a DD Form 214 (Report of Separation from Active
Duty) with the ending period 12 October 1978.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 October 1978.  The application submitted in this case is
dated 17 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 enlisted in the Regular Army on 30 September 1968 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty (MOS) 57E (Laundry Bath and
Impregnation Specialist).

4.  The applicant arrived in Vietnam on 24 January 1970.  He departed
Vietnam on 23 September 1970.  On 24 September 1970, the applicant was
honorably released from active duty and transferred to the United States
Army Reserve.

5.  The applicant enlisted in the Regular Army on 5 December 1973.  He was
honorably separated on 30 September 1976 and immediately reenlisted on
1 October 1976.  On 12 October 1978, the applicant was separated from
active duty and received a general (under honorable conditions discharge)
under the provisions of chapter 13 of Army Regulation 635-200 for
unsuitability.



6.  The applicant's DD Form 214 for the period ending 12 October 1978 shows
he was awarded the National Defense Service Medal, the Vietnam Service
Medal, the Vietnam Campaign Medal with Device (1960), the Air Medal, the
Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Combat Infantryman Badge, and the Expert Marksmanship
Qualification Badge (M-16).

7.  There are no general orders in the applicant’s service personnel
records that show he was awarded the Purple Heart.  There also is no
evidence in his service personnel records that shows he was treated for
wounds as a result of hostile action in Vietnam.  The applicant's name is
not listed on the Vietnam Casualty Roster.

8.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form
2-1 (Enlisted Qualification Record) does not show award of the Purple
Heart.

9.  Item 39 (Identifying body marks, scars, tattoos) of the applicant's
Standard Form 88 (Report of Medical Examination) dated 12 September 1978
indicates no abnormalities.

10.  A Standard Form 89 (Report of Medical History) dated 12 September 1978
shows the applicant was being separated and that he stated his health was
"Fair."  Item 20 (Have you ever had any illness or injury other than those
already noted?) shows that he indicated "no."

11.  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 request for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that
show he was awarded the Purple Heart.  There is no evidence in the
available records and the applicant has not provided evidence that shows
his injury was a result of hostile action.  He did not mention being
treated for wounds on his 1978 separation physical nor is there an entry to
show that he was treated for a leg wound.

2.  In the absence of military records which show the applicant was injured
as a result of hostile action, there is an 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 12 October 1978.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
11 October 1981.  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

__TSK_ _  __ RLD  _  __JBM __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  ___ Mr. Ted S. Kanamine ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004363                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |22 December 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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