RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      22 August 2006
      DOCKET NUMBER:  AR20050017738


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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, through his Member of Congress (MOC), in
effect, that he be awarded the Purple Heart and that it be added to his DD
Form 214, Certificate of Release or Discharge from Active Duty.

2.  The applicant states, in effect, that he was wounded by shrapnel in May
1967 while driving an APC (armored personnel carrier) in Vietnam.  A
machinegun round penetrated the side of the APC and came through the
infrared scope mounted on the inner wall of the APC.  Shrapnel hit him in
his left hip.  Initially, he was treated, the shrapnel fragments were
removed by the platoon medic while still in the field.  There was no
documentation made in his medical records while in the field.  Once back in
base camp, he went to the dispensary for follow up care.  There are two
entries in his medical records showing the bandages were changed and
comments the wound was healing satisfactorily although it does not mention
what the wounds were from.  At neither the initial or follow up treatments
did he have control of what was annotated or even if it was annotated in
his records.  Information was collected by the company clerk, but a Purple
Heart was never presented and one never caught up with him during his
career.

3.  The applicant adds that as a type 2 diabetic and a Vietnam veteran,
award of the Purple Heart would ensure he receive VA (Department of
Veterans Affairs) benefits.

4.  In support of his application, the applicant submits a copy of a
Standard Form (SF) 600, Chronological Record of Medical Care, with three
entries dated during the month of May 1967; and a copy of a page of what is
supposed to represent photographs showing where the alleged shrapnel
entered the APC.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 31 March 1987, the date of his discharge,
for the purpose of retirement. The application submitted in this case is
dated 30 October 2005 but was received for processing on 15 December
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.  In his letter of transmittal, the applicant's MOC requests that his
constituent's claim be investigated within existing rules, regulations, and
ethical guidelines and, that he be provided a final decision.

4.  The applicant’s records show he was inducted into the Army of the
United States on 2 November 1965.  He completed his basic combat and
advanced individual training at Fort Carson, Colorado.  After completing
all required training, he was awarded the military occupational specialty
(MOS), 11E (Armor Crewman).

5.  The applicant served in Vietnam from 20 August 1966 through 22 June
1967, with Troop C, 1st Squadron, 11th Armored Cavalry Regiment.

6.  The applicant was honorably discharge from the Army of the United
States, on 5 May 1967, while in Vietnam, and he enlisted in the Regular
Army.  He continued to serve through several reenlistments until 31 March
1987 when he was discharged in the rank/pay grade, First Sergeant/E-8, for
the purpose of retirement.  On the date he was discharged, for the purpose
of retirement, he had completed 21 years, 4 months, and 29 days active
military service, with no days lost.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) (All periods of Service) of the applicant's DD Form
214, shows he was awarded:  the Meritorious Service Medal, with oak leaf
cluster; the Joint Service Commendation Medal; the Army Commendation Medal;
the Army Achievement Medal, with oak leaf cluster; the Good Conduct Medal
(7th Award); the National Defense Service Medal; the Armed Forces
Expeditionary Medal; the Vietnam Service Medal, with two bronze service
stars; the Republic of Vietnam Campaign Medal; the Army Service Ribbon; the
Overseas Service Ribbon; the Republic of Vietnam Gallantry Cross, with
Palm, Unit Citation; and the Expert Marksmanship Qualification Badge, with
Rifle Bar [M-16 Rifle].  The Purple Heart is not shown on the applicant's
DD Form 214.

8.  There is no entry in Item 40 (Wounds) of the applicant's DA Form 20,
Enlisted Qualification Record, to show he received a wound in action
against a hostile force.

9.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, showing he was awarded the Purple Heart.

10.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart.

11.  The applicant's name does not appear on the Vietnam Casualty List.

12.  The applicant's service medical records and a copy of his separation
physical examination are not available for the Board's review.

13.  The first entry on the SF 600, dated 6 May 1967, the applicant
submitted in support of his request is illegible; however, the part of the
entry that can be read shows a "laceration was closed with four 30 silk
sutures."  The SF 600 also contains an entry dated 10 May 1967, which shows
the applicant returned and had the bandage changed on his left foot and
side.  A notation was made to show that both his foot and his side were
healing satisfactorily.  A third entry on the SF 600 shows the applicant
returned on 12 May 1967 and had the bandage changed once again.  A notation
was again made this time to show, his foot and his side were healing
satisfactorily.

14.  The copy of the page, which allegedly shows the entry into and exit
hole of the machinegun rounds from the APC, are inconclusive as proof.
The document is so dark that nothing can be distinguished in what is
supported to be a photograph.  In addition, the photograph, if visible,
is not official, its source is unknown, and there is no link between the
applicant and the photograph.

15.  AR 600-8-22 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:  a.) the wound was
the result of hostile action, b.) the wound must have required treatment,
and c.) 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.

16.  Item 5 (Overseas Service), of the applicant's DA Form 2-1, Personnel
Qualification record, Part II, shows the applicant served in the Republic
of Korea from 24 February 1974 through 23 February 1975.

17.  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.

18.  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 nonconsecutive 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.

19.  Army Regulation 670-1, in effect at the time, governed the
requirements for the overseas service bar.  In pertinent part, it provided
that a bar is authorized for wear for each period of active Federal service
as a member of the U.S. Army outside of the continental limits of the
United States.  One overseas service bar is authorized for each six-month
period served in the Republic of Vietnam.  To calculate the entitlement,
both the month of arrival and month of departure are counted as a whole
month no matter the number of days in that month that were spent in the
hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, 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.

2.  The evidence of record shows that the applicant received medical
treatment for a laceration to his left side and foot.  According to the SF
600 the applicant provided, he received medical treatment for this injury
on 6 May 1967, while he was in Vietnam; however, there is an absence of a
notation on the SF 600 to show the wound was the result of hostile action.

3.  The applicant's name does not appear on the Vietnam Casualty List and
there are no entries in his DA Form 20 indicating he was wounded by a
hostile enemy while he served in Vietnam.

4.  The copy of the page, which allegedly shows photographs of holes made
by the entry of machine gun rounds into the APC he was in and the exit
holes of the machinegun rounds from the APC, are inconclusive.  This
support document is so dark that nothing can be distinguished.  In addition
to not being visible, the photographs are not official, their source is
unknown, and there is no link between the photograph and the applicant.

5.  The applicant admits that a record of his treatment was not made at the
time of his initial treatment in the field and he now alleges that he had
no control over what was annotated in his service medical records.  It is
apparent that since the applicant remained in service for over twenty years
that he underwent a number of physical examinations for a variety of
purposes, including a separation physical examination.  It is not within
the realm of belief that the applicant, a responsible Soldier who achieved
the rank/pay grade of First Sergeant/E-8 did not question why he had not
received the Purple Heart if he truly believed he was due one for the
wounds that he allegedly sustained in action against a hostile enemy in
Vietnam.

6.  Based on the available evidence, the applicant is not entitled to award
of the Purple Heart and to have it added to his DD Form 214.

7.  The applicant served in Vietnam for 10 months, including the month or
arrival in the month of his departure from Vietnam.  He is therefore
entitled to award of one overseas service bars and to have this bar added
to his DD Form 214.

8.  The evidence shows the applicant served a tour of duty in the Republic
of Korea.  He is therefore entitled to award of the Korea Defense Service
Medal and to have this award added to his DD Form 214.

9.  Evidence shows that the applicant’s records contain administrative
error which 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.
10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 March 1987; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 March 1990.  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

__JLP___  ___LDS__  __J_____  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 should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis
administratively correct the records of the individual concerned by
awarding the applicant the Korea Defense Service Medal for his service in
Korea, during his prior service enlistment, and one overseas service bar,
for his service in Vietnam and adding these awards to his DD Form 214.



                            ____Linda D. Simmons______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017738                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Partial Grant                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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