RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           5 January 2006
      DOCKET NUMBER:  AR20050006097


      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. Richard P. Nelson             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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, award of the Purple Heart.  In
addition, he requests that two certificates be recorded in Item 13
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized) of his DD Form 214 (Certificate of Release or Discharge from
Active Duty).

2.  The applicant states that he “never received” his Purple Heart.  He
also states, in effect, that he desires to update his records and feels a
Certificate of Achievement and a Certificate of Award of the “Rifle Award”
should be entered on his DD Form 214.

3.  The applicant provides copies of a Certificate of Achievement, dated
17 March 1983 and a Certificate of the “Rifle Award”, dated 29 September
1982. The “Rifle Award” was presented to the applicant for finishing 3d
Place in the Fort Belvoir Commanding General’s Matches conducted in
September 1982.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 1 March 1986.  The application submitted in this case is dated
7 April 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 limitation 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 he enlisted in the Regular Army on 2 March
1982 and trained in Military Occupational Specialty 62E10 (Heavy
Construction Equipment Operator).  He served with Company C, 11th Engineer
Battalion at Fort Belvoir, Virginia until being honorably separated on 1
March 1986 in pay grade E-3.  There is no evidence of service at any other
location during his enlistment.

4.  Item 13 of the applicant’s DD Form 214 shows he is entitled to the Army
Service Ribbon and the Expert Marksmanship Badge with Rifle and Grenade
Badges.  No other awards or decorations are listed.

5.  There are no orders or certificates in the applicant’s records, and the
applicant has not provided any orders or certificates, that show he was
awarded the Purple Heart.  There are no entries in the applicant’s records
that show he was wounded as a result of hostile action.  There is no
indication in the applicant’s medical records that he was wounded, or
treated for wounds, as a result of hostile action.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded to any member of an Armed Force who, while
serving under competent authority in any capacity with one of the U.S.
Armed Services after 5 April 1917, has been wounded or killed 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.  Army Regulation 635-5 (Separation Documents) provides that Item 13 of
the DD Form 214 will reflect decorations, medals, badges, citations and
campaign ribbons awarded or authorized for all periods of service.
Certificates of Achievement, Letters of Appreciation, and similar documents
are not recorded on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence the applicant was awarded the Purple Heart.  There
is no evidence in the applicant’s service personnel records that shows he
was wounded, or treated for wounds or injuries, as a result of hostile
action.  Therefore he is not entitled to award of the Purple Heart or to
correction of his records to show this decoration.

2.  Certificates of appreciation and other similar documents are not
recorded on the DD Form 214.  Therefore, the applicant is not entitled to
correction of his separation record to show these documents.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 1 March 1986.  Therefore, the time for the applicant
to file a request for correction of any error or injustice expired on 28
February 1989. 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

___rjf____  ___wdp_  ___tmr___  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.




            ________William D. Powers_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006097                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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