RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         24 August 2006
      DOCKET NUMBER:  AR20060003007


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |Member               |

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, in effect, he was wounded while serving in the
Republic of Vietnam.

3.  The applicant provides a self-authored statement, dated 1 October 2005;
three letters of support; a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), and a DD Form 215
(Correction to Certificate of Release or Discharge From Active Duty), dated
18 April 2005 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 July 1969, the date of his release from active duty.  The
application submitted in this case is dated 1 October 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 was inducted into the Army on 9 August 1967.  After
completion of basic and advanced individual training, he was awarded
military occupational specialty 11B (Infantryman).  The applicant served in
the Republic of Vietnam during the period 25 August 1968 through 1 August
1969.  He was honorably discharged on 16 July 1969.

4.  The applicant's DD Form 214 and DD Form 215 do not show award of the
Purple Heart.





5.  There are no orders in the applicant's service personnel records which
show that he was awarded the Purple Heart.  There also is no evidence in
his records that he was wounded or treated for wounds as a result of
hostile action.

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not show any entry.  Item 41 (Awards and Decorations) of this
form does not show the Purple Heart.

7.  The applicant's name is not listed on the Vietnam Casualty Roster.

8.  The applicant submitted a self-authored statement, dated 1 October
2005.  He states a fellow Soldier set off a booby-trap and with the
adrenalin flowing, he did not pay much attention to his wound.  He
continues that others were in bad shape and he "just received a minor
wound."  The applicant concludes that it is important to him that his
personal records be corrected so his children will know everything about
his service and for his own personal satisfaction.

9.  The applicant submitted two letters of support from fellow members of
his unit. In summary, the authors stated that a fellow Soldier set-off a
booby trap which exploded, killing one and wounding three Soldiers which
included the applicant.  The authors stated the applicant was hit in the
arm by shrapnel, was treated by a medic, and was back in the field with the
unit.

10.  The applicant submitted a letter from a private physician, dated 25
October 2005.  The medical doctor stated he examined the applicant which
shows and determined that he sustained an injury to his upper right arm.
The medical doctor opined that the injury was sustained as result of
shrapnel that could have occurred during the applicant's tour in the
Republic of Vietnam.

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.  The applicant requests award of the Purple Heart.



2.  There is no evidence in the available records and the applicant did not
submit corroborating evidence that shows he was wounded or treated for
wounds incurred as a result of hostile action.  Therefore, there is
insufficient evidence upon which to base an 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 16 July 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 15 July 1972.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file in this case 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

_JRM___  _RCH___  _SWF___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive the ABCMR's three
year statute of limitations in this case.

2.  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 to show award of
the Purple Heart.




                                     _Jeanette R. McCants___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060003007                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  61   |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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