RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20060001605


      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. Edmund P. Mercanti            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 he be awarded the Purple Heart, that he be
provided proof of hazardous service and armed conflict, and that he be
provided proof of enrollment in the Agent Orange Program (sic).

2.  The applicant states that he served in Vietnam from March 1969 to
October 1970.  During that time he was exposed to Agent Orange and received
a shrapnel wound in battle in August 1969.

3.  The applicant does not provide any additional documentation in support
of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 August 1990, the date of his retirement.  The application
submitted in this case is dated 1 February 2006.

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 military records show that the applicant enlisted in
the Regular Army on 18 March 1968 and was awarded the military occupational
specialty of pay distribution specialist.  He served in Vietnam from 17
March 1969 to 22 October 1970 and was promoted to pay grade E-5.  He was
discharged on 23 March 1970 to immediately reenlist.  The separation
document he was issued in conjunction with his discharge did not list the
Purple Heart.

4.  The applicant served continuously and was released from active duty in
pay grade E-5 on 31 August 1990 for years of service and placed on the
Retired List the following day.

5.  The applicant’s records do not contain orders for the Purple Heart.

6.  The applicant’s records do not contain any evidence which shows that he
was wounded in action.

7.  The Vietnam Casualty List does not contain the applicant’s name.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence or indication that the applicant was wounded in
action.  As such, there is no basis for awarding him the Purple Heart.

2.  The applicant’s request that he be provided proof of hazardous service
and armed conflict is not within the purview of the Board.  The Board
corrects errors or injustices in military records.  The Board does not
provide “proof” to be used to establish eligibility for benefits.

3.  The applicant’s request that he be provided proof of enrollment in the
Agent Orange Program (actually, the Agent Orange Registry) is also not
within the purview of the Board.  The Agent Orange Registry is not under
the jurisdiction of the Army.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 August 1990; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 August 1993.  The applicant did not file within the
3-year statute of limitations; however, based on the fact that the
applicant is requesting a Purple Heart, 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

___jcr___  ___wdp__  ___ksj___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation to excuse failure to timely file.

2.  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                 |AR2006001605                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060831                                |
|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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