RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2006
      DOCKET NUMBER:  AR20060004976


      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             |
|     |M                                 |     |Analyst              |

      The following members, a quorum, were present:

|     |M                                 |     |Chairperson          |
|     |M                                 |     |Member               |
|     |M                                 |     |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 and treated at "Long Bend Hospital"
for leg problems and had shrapnel removed at that time.

3.  The applicant provides a copy of an 18 September 1970 Standard Form 502
(Clinical Record Narrative Summary).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 December 1978, the date he was medically retired.  The
application submitted in this case is dated 18 March 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 records show the applicant entered active duty on 7 October 1966
and was honorably separated on 15 July 1968.  He reenlisted and had
continuous service until he was medically retired on 15 December 1978 with
12 years, 2 months, and 9 days of creditable service.

4.  The 15 July 1968 DD Form 214 (Report of Separation from Active Duty)
lists the applicant's awards as the National Defense Service Medal and the
Sharpshooter Marksmanship Badge with Rifle Bar.

5.  The 15 December 1978 DD Form 214 shows at:

      a.  item 26 (Decorations, Medals, Citations, and Campaign Ribbons
awarded or Authorized), award of the Good Conduct Medal (3rd Award), the
Armed Forces Expeditionary Medal (Korea), the National Defense Service
Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal
with "1960" device, and the Republic of Vietnam Gallantry Cross with Palm
Unit Citation; and

      b.  item 27 (Remarks), service in Vietnam from 22 March 1970 through
23 February 1971, and in Korea from 21 September 1972 through 25 October
1973.

6.  A DA Form 2-1 (Personnel Qualification Record) indicates the applicant
served in Vietnam as a cook with the 543rd Transportation Company from 2
April 1970 through 28 November 1970, the 572nd Transportation Company from
29 November 1970 through 24 January 1971, and the 261st Transportation
Company from 25 January 1971 through 11 March 1971.  It lists his awards as
the Good Conduct Medal (3rd Award), the Armed Forces Expeditionary Medal
(Korea), the National Defense Service Medal, the Vietnam Service Medal, the
Republic of Vietnam Campaign Medal with "1960" device, and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation and indicates he served in
Vietnam during 3 campaign periods.

7.  The applicant's service medical records are believed to be on permanent
loan to the Department of Veterans Affairs; hence, they are not available
for Board review.

8.  The 18 September 1970 Standard Form 502, provided by the applicant,
states that the applicant was treated for cellulites with abscess formation
in the left leg.  An I & D (incision and drainage) was performed on 16
September 1970.  The cause of the cellulites is not noted nor does the
report indicate any removal of shrapnel or other foreign bodies.

9.  In a 28 July 1977 medical statement from the Headquarters, U. S. Army
Medical Department Activity Alaska it was noted that the applicant had been
suffering from acute thrombophlebitis since December 1976.  The attending
physician recommended that applicant be transferred to the continental
United States near a major medical facility due to his regimentation of
care.

10.  A review of the Vietnam Casualty List failed to locate the applicant's
name.

11.  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 that Department of the Army
General Order Number 50, dated 1971, cited the 543rd Transportation Company
and the 572nd Transportation Company for award of the Meritorious Unit
Commendation for the same period, 1 July 1970 through 31 May 1970.

12.  Army Regulation 600-8-22, paragraph 2-8 provides for award of the
Purple Heart to an individual who is wounded in action against an enemy of
the United States, the armed force of a foreign country which is or has
been engaged, while serving with a friendly foreign forces against an
opposing force even though the U.S. is not engaged, as the result of any
act of such enemy or opposing force or as a result an act of any hostile
foreign force.  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.

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided insufficient evidence to show that his
cellulites was a result of hostile action.  Therefore, award of the Purple
Heart is not appropriate.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 December 1978; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 14 December 1981.  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.



3.  The applicant is authorized award of the Korea Defense Service Medal
and the Meritorious Unit Commendation; however corrective action of these
omissions 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RR ___  __MJNT _  __JGH__  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 to show, that in addition to the awards listed on the DD Forms
214, the applicant is also authorized award of the Korea Defense Service
Medal and the Meritorious Unit Commendation.


                                  __     Marla J. N. Troup________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                     |AR20060004976                       |
|SUFFIX                      |                                    |
|RECON                       |                                    |
|DATE BOARDED                |20061026                            |
|TYPE OF DISCHARGE           |                                    |
|DATE OF DISCHARGE           |                                    |
|DISCHARGE AUTHORITY         | . . . . .                          |
|DISCHARGE REASON            |                                    |
|BOARD DECISION              |DENY                                |
|REVIEW AUTHORITY            |                                    |
|ISSUES         1.           |107                                 |
|2.                          |                                    |
|3.                          |                                    |
|4.                          |                                    |
|5.                          |                                    |
|6.                          |                                    |


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