RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 July 2006
      DOCKET NUMBER:  AR20050016116


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 DD Form 214 (Report of Separation from
Active Duty) be corrected to show the Bronze Star Medal with "V" Device and
the Purple Heart.

2.  The applicant states, in effect, that the awards were approved by the
7th Air Commando Squadron, but he never received the orders before his tour
ended in the Republic of Vietnam.  He also stated that the Hospital did not
award him the Purple Heart.

3.  The applicant provides a copy of an excerpt from the Department of
Veterans Affairs in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 May 1975, the date he retired from active duty.  The
application submitted in this case is dated 2 November 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 records show he enlisted in the Regular Army on
13 November 1969.  He completed basic combat training and advanced
individual training, and was awarded the military occupational specialty  
57F10 (Mortuary Affairs Specialist).

4.  The applicant served a tour of duty in the Republic of Vietnam during
the periods 24 May 1965 to 15 May 1966 and 20 December 1969 to 19 December
1970.  The applicant was honorably retired from active duty on 31 May 1975
after serving 20 years, 4 months, and 11 days of active federal service.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does
not show awards of the Bronze Star Medal with "V" Device or the Purple
Heart.
6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Records) does not show any entries for wounds received.  Item 41 (Awards
and Decorations) does not show awards of the Bronze Star Medal with "V"
Device or the Purple Heart.

7.  The applicant's medical record do not show he sustained wounds as a
result of hostile action or was he treated for wounds by a medical officer.

8.  There are no general orders in the applicant's records to show he was
awarded the Bronze Star Medal with "V" Device or the Purple Heart.

9.  The applicant requested correction of his records to show award of the
Bronze Star Medal with "V" Device.  There are no orders or other evidence
that the applicant was authorized this award.  In the absence of authority
for this award, the applicant may request award of the Bronze Star Medal
with "V" Device under the provisions of Section 1130 of Title 10, United
States Code.  The applicant has been notified by separate correspondence of
the procedures for applying for this award under Section 1130 and, as a
result, it will not be discussed further in this Record of Proceedings.

10.  A review of the Republic of Vietnam Casualty Files does not show the
applicant's name listed among those wounded.

11.  Army Regulation 672-5-1 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained as result of hostile
action.  Substantiating evidence must be provided to verify that the wound
was the result of hostile action, the wound must have been treated by a
medical officer, and the medical treatment must have been made of official
records.  This regulation does not indicate a time limitation for
requesting award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214 be corrected to show the
Purple Heart.

2.  There are no general orders that show the applicant was awarded the
Purple Heart.  There is no evidence in his medical record which shows he
was wounded or injured as a result of hostile action, treated for such
wounds or such treatment made a matter of record.  In the absence of such
evidence, there is insufficient basis to grant 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 31 May 1975; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 May 1978.  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 are no time limitations on requests for award of
the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___eem _  ___jcr___  ___jtm___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that it was appropriate to waive failure to timely
file in this case.  The evidence presented does not demonstrate the
existence of a probable error or injustice.  Therefore, the Board
determines the overall merits of this case are insufficient as basis for
correction of the records of the individual concerned to show award of the
Purple Heart.




                                  __________John T. Meixell_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016116                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060727                                |
|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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