RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          17 November 2005
      DOCKET NUMBER:  AR20050006107


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John Denning                  |     |Member               |
|     |Ms. Jeanette 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 award of the Purple Heart.

2.  The applicant states he was wounded by shrapnel in his left knee in
June 1968 in Vietnam.  He contends he was initially denied treatment;
however, subsequently he received treatment in the field and was diagnosed
with a “flesh wound.”  He also contends he is unable to locate medical
records to substantiate the incident; however, recent x-rays prove that
shrapnel is still in his knee.

3.  The applicant provides a letter, dated 16 April 2005, from his wife
with five enclosures outlined on page two of her letter and a letter, dated
19 May 2005, from a Member of Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 July 1988.  The application submitted in this case is dated
15 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 was inducted on 3 March 1967.  He served as a light
weapons infantryman in Vietnam from 4 August 1967 through 3 August 1968 and
was honorably discharged on 3 December 1968 for immediate reenlistment.

4.  There is no DD Form 214 (Report of Transfer or Discharge) for this
period of service.

5.  There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20
is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.

7.  The applicant reenlisted on 4 December 1968 and remained on active duty
through continuous reenlistments until he was honorably discharged on
7 October 1980.  He enlisted again on 5 May 1981 and retired on 31 July
1988 in the rank of staff sergeant.

8.  The applicant’s DD Form 214 for the period ending 31 July 1988 does not
show the Purple Heart as an authorized award.

9.  In support of his claim, the applicant provided a copy of his Medical
Evaluation Board (MEB) Proceedings, dated 25 May 1988, which show he was
diagnosed with “S/P [Status Post] shrapnel wound of the left knee” and the
proceedings indicate, in pertinent part, “His past history is also
significant for a shrapnel injury to the left knee in Viet Nam in 1968.”

10.  The applicant also provided an eyewitness statement, dated 10 January
2005, from a fellow Soldier at the time in question.  He attests that the
applicant was hit by shrapnel in his left knee/leg in early June 1968 in
Vietnam during a firefight.  He also attests that the applicant was treated
by a medic in the field.

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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records which shows the applicant
was wounded or injured as a result of hostile action in Vietnam.  The MEB
Proceedings do not show that the applicant’s shrapnel wound was the result
of hostile action.  In the absence of orders or other evidence of record
showing that the applicant was injured or treated for wounds as a result of
hostile action, the eyewitness statement provided by the applicant is not
sufficient as a basis for award of the Purple Heart.  Regrettably, there is
insufficient evidence on which to base award of the Purple Heart in this
case.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 July 1988; therefore, the time for
the applicant to file a request for correction of any error expired on 30
July 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

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

LE_____  JD______  JM______  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.




            __Lester Echols_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006107                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051117                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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