RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2006
      DOCKET NUMBER:  AR20050013431


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 that his records be corrected by awarding him
the Purple Heart.

2.  The applicant states he was wounded on or about 10 August 1966 while
serving with the 1st Battalion, 16th Infantry Regiment, 1st Infantry
Division in Vietnam but was never awarded the Purple Heart.

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 January 1983, the date he retired.  The application
submitted in this case is dated 19 February 2005; however, it was not
received for processing until
14 September 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 record shows the applicant enlisted in the North Carolina Army
National Guard (NCARNG) on 26 October 1950.  He was discharged on 20 May
1953 with a reenlistment on 16 June 1953.  He served on active duty for
training from 6 July 1953 through 15 October 1953.

4.  The applicant was discharged from the NCARNG to enlist in the Regular
Army on 16 October 1953 and served on continuous active duty until he
retired.

5.  The applicant retired on 31 January 1983 with 29 years, 10 months, and
13 days of active service and 2 years, 3 months, and 28 days of inactive
service.

6.  The applicant's 31 January 1983 DD Form 214 (Certificate of Release or
Discharge) lists his awards as the Army Commendation Medal with one oak
leaf cluster, the Good Conduct Medal (8th award), the Armed Forces
Expeditionary Medal for Korea, the National Defense Service Medal with one
oak leaf cluster, the Korean Service Medal, the United Nations Service
Medal, the Vietnam Service Medal with three bronze service stars, the
Republic of Vietnam Campaign Medal, the Overseas Service Ribbon with
Numeral 4, the Army Service Ribbon, the Noncommissioned Officers
Professional Development Ribbon with Numeral 3, the Combat Infantryman
Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.

7.  A DA Form 20 (Enlisted Qualification Record), covering the period 16
October 1953 through 30 April 1974, indicates the applicant served in Korea
from 22 December 1953 through 22 June 1955 and 12 May 1956 through
5 September 1957.  The unit or units to which he was assigned in Korea
during these periods are not listed in the duty of assignments section of
the form.

8.   The DA Form 20 shows he served in Vietnam with Headquarters and
Headquarters Company, 1st Battalion, 16th Infantry Regiment from 5 June
1966 through 17 July 1967.  He again served in Korea from 28 July 1969
through 19 August 1969 with A Troop, 4th Squadron, 7th Cavalry Regiment and
from 20 August 1969 through 25 July 1970 with C Troop, 4th Squadron, 7th
Cavalry Regiment.

9.  Item 40 (Wounds) on the DA Form 20 is blank.

10.  A DA Form 2-1 (Personnel Qualification Record), covering the period
29 October 1973 through 31 January 1983, shows the applicant served in
Vietnam from 1 June 1966 through 6 June 1967 and in Korea from 23 July 1969
through 22 July 1970.  His duty assignments for his three tours in Korea
and one in Vietnam where not transferred to this form at the time it was
created.

11.  The applicant's service medical records are believed to be on
indefinite loan to the Department of Veterans Affairs (VA) and as such are
not available for review by the Board.

12.  A review of the Vietnam Casualty List failed to locate any entry under
the applicant's name.

13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-8 provides
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 by a medical officer, and the medical treatment must have been
made a matter of official record.


14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the unit, to which the applicant
was assigned, was cited for award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.

15.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

16.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 non-consecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercises conducted in the area of eligibility as long as
the basic time criteria is met.  The message further provided that, due to
extensive time period for the Korea Defense Service Medal eligibility, the
non-consecutive service period for eligibility remains cumulative
throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  In addition to the awards listed on the 31 January 1983 DD Form 214,
the applicant is also authorized award of the Korea Defense Service Medal,
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
Correction of these administrative errors does not require action by the
Board.  Therefore, administrative correction of the applicant’s records
will be accomplished by the
Case Management Support Division (CMSD), St. Louis, Missouri, as outlined
by the Board in paragraph 3 of the BOARD DETERMINATION/ RECOMMENDATION
section below.

2.  The applicant has provided no supporting documentation and the record
does not contain any indication that he sustained a wound as a result of
hostile action while serving in Vietnam.  Therefore, award of the Purple
Heart is not warranted.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 January 1983; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 January 1986.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JEV___  ___BJE_  ___DLL__  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.


3.  The Board determined that administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show that, in addition to the awards listed on the
31 January 1983 DD Form 214, the applicant is also authorized award of the
Korea Defense Service Medal, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation.




                                  ___     James E. Vick_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050013431                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060719                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Deny with Note                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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