RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 April 2006
      DOCKET NUMBER:  AR20050010239


      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. William D. Powers             |     |Chairperson          |
|     |Ms. Carol A. Kornhoff             |     |Member               |
|     |Mr. Rodney Barber                 |     |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 he be awarded the Purple Heart
and all other medals he is entitled to which are not listed on his DD Form
214, Armed Forces of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that he was wounded in Vietnam and
never received a Purple Heart.

3.  The applicant submits a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice and
error that occurred on 16 December 1966, the date he was released from
active duty.  The application submitted in this case is dated 7 July 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 limitation 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 were lost after his release from
active duty and therefore are not available for the Board's review.  The
available records show he enlisted in the Regular Army, for 3 years, on 19
December 1963.  After completing all required training, he was awarded the
military occupational specialty (MOS), 95B (Military Police).

4.  The applicant was honorably released from active duty, on 16 December
1966, under the provisions of Army Regulation (AR) 635-200, and was given
an SPN (Separation Program Designator) 201, Expiration Term of Service.  He
was separated in the rank and pay grade of Specialist Four, E-4.  On
the date he was released from active duty, he had completed 2 years,
11 months, and 23 days net active military service.
5.  Item 26 (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 Vietnam
Service Medal.  No other awards, to include the Purple Heart, are shown in
this item.

6.  Item 12 (Last Duty Assignment and Major Command), of the applicant's DD
Form 214, show he was assigned to the 61st Military Police Company, Fort
Lewis, Washington, on his release from active duty date.

7.  Item 24.c (Foreign and/or Sea Service), of the applicant's DD Form 214,
shows he served in the US Army Pacific (USARPAC) for 1 year, 4 months, and
27 days; however, there is no record to show this service was performed in
the Republic of Vietnam.  There is no record to show that the applicant did
not serve in other countries in the US Army Pacific while he was on active
duty.

8.  There is no record in the applicant's file to show he received a wound
in action against a hostile force.  The applicant's name does not appear on
the Vietnam Casualty List.

9.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the Republic of Vietnam Campaign Medal
that normally accompanies award of the Vietnam Service Medal.

10.  AR 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:  a.) the wound was
the result of hostile action, b.) the wound must have required treatment
and c.) the medical treatment must have been made a matter of official
record.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

11.  AR 600-8-22 provides, in pertinent part, for award of the Vietnam
Service Medal.  This medal is awarded to all members of the Armed Forces of
the United States for qualifying service in Vietnam after 3 July 1965
through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days (emphasis added) with an organization
participating in or directly supporting military operations.

12.  AR 600-8-22 provides, in pertinent part, for award of the Republic of
Vietnam Campaign Medal.  The Government of Vietnam awarded this medal to
all
members of the Armed Forces of the United States for qualifying service in
Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying
service included assignment in Vietnam for 6 months or service outside the
geographical limits of the Republic of Vietnam that contributed direct
combat support to the Republic of Vietnam and its Armed Forces (emphasis
added).  Individuals who had qualified for award of the Vietnam Service
Medal or the Armed Forces Expeditionary Medal and were evacuated prior to
completing six months of service due wounds resulting from hostile action
were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  There is no record in the applicant's file, and the applicant provided
none, to show he received a wound in action against a hostile force and the
applicant's name does not appear on the Vietnam Casualty List.

3.  In the absence of the above-required information, the applicant is
ineligible for award of the Purple Heart and to have it added to his DD
Form 214.

4.  The evidence of record shows the applicant served in the US Army
Pacific for 1 year, 4 months, and 27 days.

5.  There is an absence of records to show in which countries, within the
US Army Pacific, the applicant may have served.  The record shows he served
in Vietnam and was awarded the Vietnam Service Medal during this period of
service.

6.  The dates, the duration, and the unit with which the applicant served
while he was in Vietnam, either on a temporary or permanent basis, are not
available; therefore, in the absence of information upon which to base unit
and service awards, the applicant is not eligible for award of other awards
and to have them added to his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 December 1966; therefore, the time
for
the applicant to file a request for correction of any error or injustice
expired on 15 December 1969.  Although the applicant did not file within
the ABCMR's statute of limitations, it is appropriate to waive failure to
timely file 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

__CAK___  _WDP__  _RB_____  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 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                 |AR20050010239                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060411                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  046  |107.0000                                |
|2.   061                |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]