RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 January 2006
      DOCKET NUMBER:  AR20050007222


      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:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Ms. Rose M. Lys                   |     |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, in effect, that:

      a) his foreign service in Vietnam be added to his DD Form 214, Armed
Forces of the United States, Report of Transfer or Discharge, and


      b) that he be awarded the Purple Heart and that it be added to his DD
Form 214.

2.  The applicant states, in effect, that his DD Form 214 shows neither his
foreign service in Vietnam nor the Purple Heart he was awarded while he was
in service.

3.  The applicant provides a copy of his DD Form 214, a copy of his
discharge orders, and a statement that served as an "addendum" to another
form, in support of his request.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, that the applicant be provided a revised
DD Form 214 to show his foreign service and the Purple Heart decoration
since this is all that the Department of Veteran's Affairs will accept in
the filing of a claim for service-connected compensation or benefits.

2.  Counsel states, in effect, about 3 years ago a former Member of
Congress (MOC), from Oklahoma, obtained a replacement Purple Heart for the
applicant.  This person is no longer a MOC and they are unable to locate
his old records to verify that the applicant did have a Purple Heart.  They
have tried to find a list of Vietnam recipients of the Purple Heart but
they do not know where one is located.

3.  Counsel provides the statement which is summarized above in support of
the applicant's request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 25 August 1969, the date the applicant was released from
active duty.  The application submitted in this case is dated 5 May 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 evidence shows the applicant was involuntarily ordered to active
duty, by Special Orders 156, Paragraph 4, Headquarters, 1st Squadron, 6th
Armored Cavalry Regiment, Fort George G. Meade, Maryland, dated 25 June
1968, for 24 months, less the amount of active duty previously performed,
with a reporting date of 26 June 1968.

4.  On 26 June 1968, Special Orders Number 124, Paragraph 3, were
published assigning the applicant to Troop C, 1st Squadron, 6th Armored
Cavalry Regiment, Fort George G. Meade, Maryland, with a reporting date of
26 June 1968.

5.  On 5 July 1968, Unit Orders Number 44, Paragraph 1, were published by
Troop C, 1st Squadron, 6th Armored Cavalry Regiment, promoting the
applicant to the rank and pay grade of Private First Class, E-3, in the
military occupational specialty (MOS) 11B, Light Weapons Infantryman.

6.  On 19 December 1968, Special Orders Number 245, Paragraph 1, were
published by Headquarters, 1st Squadron, 6th Armored Cavalry Regiment,
awarding the applicant the Expert Marksmanship Qualification Badge, with
Rifle Bar, for marksmanship qualifications that took place on 5 December
1968.

7.  On 30 January 1969, Special Orders Number 17, Paragraph 12, were
published by Headquarters, 1st Squadron, 6th Armored Cavalry Regiment,
attaching the applicant to the Post Food Service School, Building T-2561,
to attend the Food Service Course for the period from 3 February 1969 to on
or about 28 March 1969.

8.  On 29 January 1969, Unit Orders Number 5, Paragraph 1, were published
by Troop C, 1st Squadron, 6th Armored Cavalry Regiment, promoting the
applicant to the rank and pay grade of Specialist Four, E-4, in the
military occupational specialty (MOS) 94B, Cook.
9.  On 19 February 1969, Special Orders Number 30, Paragraph 9, were
published by Headquarters, 1st Squadron, 6th Armored Cavalry Regiment,
withdrawing the applicant's primary MOS 11B and awarding him a primary MOS
94B.

10.  On 18 July 1969, the applicant requested an early separation to accept
employment of a seasonal nature.  His request was approved on 8 August 1969
and he was notified of this on 12 August 1969.

11.  Item 31 (Foreign Service), of the applicant's DA Form 20, Enlisted
Qualification Record, is blank indicating that he did not perform duties in
an overseas command on either a permanent or temporary duty basis.

12.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
that he served only at Fort George G. Meade, Maryland during the period of
his involuntary call to active duty.  This item is void of any entries
showing overseas service in Vietnam or elsewhere.

13.  Item 41 (Awards and Decoration), of the applicant's DA Form 20, show
he was awarded the National Defense Service Medal.  The Purple Heart is not
shown.

14.  Item 40 (Wounds), of the applicant's DA Form 20, is blank.  The
applicant's name is not shown on the Vietnam Casualty Listing.  A review of
the documents in the applicant's service personnel records failed to show
that he was ever awarded the Purple Heart.

15.  The applicant was released from active duty on 25 August 1969, under
the provisions of Army Regulation (AR) 635-200, Chapter 5, Section IX, to
accept employment of a seasonal nature, in the rank and pay grade of
Specialist Four, E-4, with 1 year and 2 months net active military service
during this period.

16.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded the National Defense Service Medal and the Expert
Marksmanship Qualification Badge, with Rifle Bar.  The Purple Heart is not
shown among his awards.
17.  The evidence of record shows that the applicant's daughter submitted a
request through her MOC, on 3 July 2002, to, "get my father's Purple Heart
Medal back."  The applicant's daughter's request was returned without
action by the National Personnel Records Center to the MOC because it did
not include a signed consent of the individual whose record was involved.

18.  AR 635-5 prescribes policies and procedures regarding separation
documents. The DD Form 214 is a summary of a Soldier's most recent period
of continuous active duty.  It provides a brief, clear-cut record of
active duty service at the time of release from active duty, retirement,
or discharge.  The DD Form 214 is not intended to have any legal effect
on termination of a Soldier's service.  AR 635-5 provides for the
recording of a Soldier's foreign service on the DD Form 214.  This
service will be taken from the Soldier's qualification record and the
total amount of foreign service completed during the period covered will
be entered in block 24c.  AR 635-5 also provides for the recording of the
awards and decoration earned by the Soldier to be recorded in block 26 of
the DD Form 214.  Each award earned by the Soldier will be transposed
from his qualification record to his DD Form 214 at separation.

19.  Army Regulation 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 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant spent the full period
of his involuntary, ordered to active duty, service at Fort George G.
Meade, Maryland.

2.  The applicant was assigned to Troop C, 1st Squadron, 6th Armored
Cavalry Regiment, throughout the entire period of his service.  The
applicant was promoted to Private First Class and to Specialist Four in
this unit.  He attended the Food Service Course at Fort George G. Meade
and was reclassified from a light weapons infantryman to a cook at this
installation.

3.  The applicant requested an early release from active duty at Fort
George G. Meade, to accept employment of a seasonal nature.  Item 38 of
the applicant's enlisted qualification record shows he did not leave his
unit once he was assigned except to attend the food service school and to
be released from active duty.

4.  The applicant did not submit any documentary evidence, such as
temporary or permanent change of station orders, to support his allegation
that he saw service in Vietnam.

5.  The applicant's records and the Vietnam Casualty Listing did not have
any information to show that the applicant was wounded in Vietnam as he has
alleged.  A review of his service records failed to reveal that orders were
published to award him the Purple Heart.

6.  The statement made by applicant's counsel that the applicant was
provided with a replacement Purple Heart, after his MOC intervened in his
behalf, can not be verified.  The evidence does show that the applicant's
daughter requested to get her father's Purple Heart back.  This request
was submitted and processed through her MOC; however, this request was not
acted upon to completion since it did not include a signed consent of the
individual whose record was involved, her father.  No other request with
this as an issue was found in the applicant's service records.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 August 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 24 August 1972.  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

_JCR____  ___RML__  __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.




                                  ______John T. Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007222                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060126                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.   189                |110.0000                                |
|4.   1 DI               |110.0400                                |
|5.                      |                                        |
|6.                      |                                        |


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