RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  18 December 2003
	DOCKET NUMBER:  AR2003088443

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Yolanda Maldonado		Member	
	Mr. James E. Anderholm		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 he be awarded the Purple Heart.

2.  The applicant states that he was wounded on the left side of his head by shrapnel around 10 January 1966.  He was treated for his wound in the Philippines for 5 days.  When Purple Hearts were passed out in the hospital he left the room so as not to insult the most seriously wounded.

3.  The applicant provides a letter from a Licensed Clinical Social Worker (LCSW) who has been treating him for over 2 years.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error which occurred on 23 July 1970, the date of his DD Form 214 (Report of Transfer or Discharge).  The application submitted in this case is dated 17 March 2003.

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.  Effective 9 June 1964, the applicant reenlisted as a clerk typist with 2 years and 3 days prior service.  The available records show that he was assigned to Vietnam as an administrative specialist from 7 November 1965 through 6 November 1966 and was credited with participation in three campaigns.  He was promoted to the pay grade of E-6 effective 19 August 1967.  The applicant was assigned to Vietnam again as an information supervisor from 14 February 1968 through 13 February 1969 and was credited with participation in four campaigns.

4.  His DD Form 214, dated 23 July 1970, does not show the Purple Heart as an authorized award.  He authenticated this form with his signature.  There are no orders in the available record that show he was awarded the Purple Heart and he is not listed on the Vietnam Casualty List.  There are no medical records available for review and a search of historical files failed to locate records that show he was wounded as a result of enemy action.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not list any wounds in block 40 (Wounds) or the Purple Heart in block 41 (Awards).  Additionally, his assignment history does not show that he was ever assigned in a patient status or evacuated to the Philippines.  The applicant authenticated this form with his signature on 30 January 1973.

6.  A review of his records shows that he participated in seven campaigns in Vietnam but there are no bronze service stars listed for his Vietnam Service Medal.  A review of pertinent regulations failed to locate any other awards the applicant was entitled to.

7.  The applicant was eventually separated from active duty by reason of retirement on 31 July 1989.

8.  The letter provided by the applicant's LCSW states that he has been treated for Post Traumatic Stress Disorder and revealed how he had been wounded but never received the Purple Heart.

9.  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, and the medical treatment must have been made a matter of official record.

10.  The regulation also provides that a bronze service star is authorized for participation in each named campaign for wear on the Vietnam Service Medal.  A silver service star is worn in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record, and insufficient evidence provided by the applicant, to show that he was wounded as a result of enemy action and entitled to the Purple Heart.

2.  There is sufficient evidence of record to show that the applicant is entitled to one silver service star and two bronze service stars for the Vietnam Service Medal.

3.  Records show the applicant should have discovered the error or injustice now under consideration on 23 July 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 22 July 1973.  However, the applicant did not file within the 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 file in this case.

4.  Evidence shows that the applicant’s records contain administrative error which 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 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_ro_____  __ym____  __ja____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not 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.

2.  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 one silver service star and two bronze service stars for the Vietnam Service Medal.

		__Raymond V. O’Connor, Jr. _____
		        CHAIRPERSON

INDEX

CASE ID	AR2003088443	
SUFFIX		
RECON		
DATE BOARDED	20031218	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.