RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 May 2007
      DOCKET NUMBER:  AR20060016368


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey Redmann               |     |Chairperson          |
|     |Mr. Ronald Weaver                 |     |Member               |
|     |Mr. David Tucker                  |     |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 that he was hit by a mortar round in the left
shoulder while he was in Vietnam.  He states the he was assigned to the
178th Signal Company and that he was on temporary duty at the Military
Assistant Advisory Group in Vietnam.  He states that on or about 20 April
1965 they attacked the enemy while the enemy was walking in mortar rounds
and he made it to a bunker.  He states that the bunker was hit by fire and
he went flying through the air.  He states that when he came to he had an
open wound in his arm pit.  The applicant states that he was temporarily
treated in the field in Vietnam before being put on an aircraft and sent
home.  He states that immediately upon his return, he was treated at
Walston Army Hospital at Fort Dix, New Jersey.

3.  The applicant provides in support of his application copies of
Chronological Records of Medical Care and a copy of a Department of
Veterans Affairs (VA) Clinical Record dated 13 October 1978.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 October 1966.  The application submitted in this case
is dated 14 November 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.  On 17 October 1963, the applicant enlisted in the Army in Philadelphia,
Pennsylvania, for 3 years, in the pay grade of E-1.  He successfully
completed his training as a radio relay and carrier operator.  On 26 April
1964, the applicant was transferred to Vietnam.



4.  A review of the available records fails to show that the applicant was
wounded/injured while in action against an enemy or as a result of hostile
action.

5.  The applicant returned to the Continental United States (CONUS) on 25
April 1965 and he was assigned to Fort Dix, New Jersey.

6.  The applicant's Chronological Records of Medical Care dated 25 May 1965
indicates that he was seen by physicians a Walston Army Hospital and at
that time he told the attending physician that approximately 1 month prior
to his hospital visit, he noted numbness in his fifth finger while he was
in Vietnam.  He stated that a few days before he began experiencing the
numbness, he was stuck on the left should by a stone.  At that time he was
given instruction on the proper treatment for relief and he was told to
return for another visit in 2 weeks.

7.  During his follow-up visit the applicant gave a history of numbness in
his entire right hand beginning 2 months prior, while he was in Vietnam
evacuating patients following a bombing.  He stated that the numbness
persisted until he returned to the United States.  The applicant returned
for a follow-up visit on 18 June 1965.

8.  On 20 October 1966, the applicant was honorably released from active
duty (REFRAD) upon completion of his required service.  The Report of
Transfer or Discharge that he was furnished at the time of his REFRAD shows
that he was awarded the Armed Forces Expeditionary Medal, the National
Defense Service, and the Republic of Vietnam Campaign Medal with Device
1960.

9.  The VA Clinical Record dated 13 October 1978 shows that the applicant
was diagnosed with "Thoracic outlet compression syndrome, left shoulder,
with partial incapacity of left arm."

10.  On 6 December 1993, a Correction to DD Form 214 (DD Form 215) was
furnished to the applicant by the Acting Chief, United States Army Reserve
Personnel Center, which amended his DD Form 214 to delete the Armed Forces
Expeditionary Medal and to add the Vietnam Service Medal with Two Bronze
Service Stars, the Army Good Conduct Medal, the Meritorious Unit Emblem,
and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.

11.  A review of the Vietnam Casualty Roster fails to show the applicant's
name listed therein.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound/injury sustained while
in action against an enemy or as a result of hostile action.
Substantiating evidence must be
provided to verify that the wound/injury was the result of hostile action,
the wound/injury must have required treatment, and the medical treatment
must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  A review of the available records fail to show that the applicant is
entitled to the award of the Purple Heart.

2.  His contentions have been noted.  However, his records show that he was
seen by physicians upon his return from Vietnam and at that time, he told
physicians that he was hit in the left shoulder by a stone.  He later told
physicians that numbness in his right hand began when he was evacuating
patients from Vietnam following a bombing.

3.  In accordance with the applicable regulation, the Purple Heart is
awarded for a wound/injury sustained while in action against an enemy or as
a result of hostile action.  Substantiating evidence must be provided to
verify that the wound/injury was the result of hostile action, the
wound/injury must have required treatment, and the medical treatment must
have been made a matter of official record.

4.  Although he contends that he was hit in the shoulder by a stone during
a bombing, while he was in Vietnam, it was not until he had returned to
CONUS that he began complaining about a shoulder injury and there is no
evidence in the available records, nor has the applicant submitted any
evidence that shows he sustained a wound/injury while in action against an
enemy or as a result of hostile action.  As previously stated, his name is
not listed on the Vietnam Casualty Roster.  In the absence of evidence to
the contrary, it must be presumed that what the Army did in his case was
correct.

5.  In order to justify correction of a military record the applicant must
show or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the
applicant's request.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 October 1966; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
19 October 1969.  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

__RW___  __JR____  __DT ___  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.




                                  ____  Jeffrey Redmann _______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060016368                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070524                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  61                  |107.0015/PURPLE HEART                   |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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