RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: FEBRUARY 10, 2004
         DOCKET NUMBER: AR2003090051


         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		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Ms. Linda M. Barker		Member
Mr. Richard T. Dunbar		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, reconsideration of his earlier request that he be awarded the Purple Heart.

2. The applicant states, in effect, that he was injured by a blast from a 122mm rocket, and he was under the impression that the Purple Heart was only awarded for bleeding wounds.

3. The applicant provides a copy of page one of a Compensation and Examination Report, prepared by the Veterans' Administration Medical Center, Nashville, Tennessee, dated 31 July 1992; and a copy of TAPC-PDB Orders D236-9, with an enclosure, a DA Form 199, Physical Evaluation Board Proceedings, dated 14 February 1976, prepared by the U.S. Total Army Personnel Command, dated 22 November 1989.

CONSIDERATION OF EVIDENCE:

1. Incorporated herein by reference are military records, which were summarized, in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2002068126, on 10 December 2002.

2. The applicant contends that the Compensation and Examination Report, prepared by the Veterans' Administration Medical Center, Nashville, establishes that he was injured by the blast from a 122mm rocket. Part A (Audiological History), of the report, shows that, "the patient reports (emphasis added) that the onset of hearing loss was gradual while in the military, and is progressive, especially since exposure to a shell blast in Vietnam."

3. The DA Form 199 that the applicant submitted in support of his application shows that the applicant was found unfit for further military service by reason of a right knee instability with chrondromalacia patella; hearing impairment, which existed prior to military service, aggravated while the applicant served in military service (emphasis added); and hypertension.

4. There are no medical records available, and the applicant provided none, to show that he sustained an acoustic trauma injury as a result of hostile action while he served in Vietnam in 1972.

5. There is no entry in Item 4 (Assignment Considerations), of the applicant's DA Form 2-1, Personnel Qualification Record, Part II, to show that the applicant was wounded or injured as a result of hostile or enemy action, which resulted in medical treatment or hospitalization. The applicant's name does not appear on the Vietnam Casualty Listing.
6. In the processing of an earlier request submitted, to this Board, by the applicant, to have the results of his 14 February 1979, Physical Evaluation Board Proceedings amended to show that his disability resulted from a combat related injury, an advisory opinion was sought from the Physical Disability Agency (USAPDA). In the advisory opinion concerning the hearing loss, dated 27 July 1989, the USAPDA opined that, "the applicant's hearing loss can be considered to have been aggravated by military service, but certainly was not caused by it. There is marginal evidence that combat trauma played a part in that a number of audiology consultations, which occurred at the time of or following an injury he may have received following an alleged rocket attack in 1972."

7. The USAPDA stated that the applicant's medical records revealed a history of repeated ear infections as a child, with a tympanoplasty at age 13. On entry into the Army in 1968, audiograms indicated near normal hearing. The applicant, in 1978 and in 1979, revealed that he had experienced auditory trauma from a rocket attack at Danang, Vietnam, in 1972, and subsequently experienced a loss of hearing and tinnitus. There were no medical records of the injury.

8. The applicant served two tours of duty in Vietnam. His first tour of duty extended from 22 November 1968 through 21 November 1969. During this tour of duty, he served with Company C, 1st Battalion, 503rd Infantry.

9. The applicant's second tour of duty in Vietnam extended from 15 August 1971 through 17 June 1972. During this tour of duty, he served with Company B, 4th Battalion, 3rd Infantry, 198th Light Infantry Brigade, from 28 August 1972 through 4 September 1972. He was reassigned to Troop F, 8th Cavalry Regiment, 196th Light Infantry Brigade, and served with this unit from 5 September 1972 until 24 February 1972. He was reassigned, on 25 February 1972, to Headquarters and Headquarters Company, 196th Light Infantry Brigade, and remained with this unit until he departed Vietnam on 18 June 1972.

10. During his first tour of duty in Vietnam, the applicant participated in the following four campaigns of the Vietnam War: the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; the Tet 69 Counteroffensive, which extended from 23 February through 8 June 1969; the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969; and the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970.

11. During his second tour of duty in Vietnam, the applicant participated in the following three campaigns of the Vietnam War: the Consolidation I, which extended from 1 July through 30 November 1971; the Consolidation II, which extended from 1 December 1971 through 29 March 1972; and the Vietnam Cease-Fire, which extended from 30 March 1972 through 28 January 1973.

12. Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to, Company C, 1st Battalion, 503rd Infantry Battalion, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army (DAGO) Number 51, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO Number 5, dated 1973.

13. The applicant's DD Form 214, Report of Separation from Active Duty, with an effective date of 1 June 1979, in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), shows that the applicant earned the following awards decorations during his Army service: the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Bronze Star Medal, with oak leaf cluster; the Air Medal; the Combat Infantryman Badge; the Good Conduct Medal (three awards); the Expert Marksmanship Qualification Badge, with Rifle Bar; and the Master Parachutist Badge.

14. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the number of service stars to which the applicant is entitled for campaign participation.

15. Army Regulation (AR) 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal. The regulation further provides that one silver service star will be worn in lieu of five bronze service stars.

16. 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.

17. AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards. This regulation states that a soldier may wear the unit award permanently, if the individual was assigned to and present for duty with the unit any time during the period cited; or was attached to, by competent orders, and was present for duty with the unit, during the entire period, or for at least thirty consecutive days of the period cited. Individuals may not wear more than one Republic of Vietnam Gallantry Cross, Unit Citation, and one Republic of Vietnam Civil Actions Honor Medal, Unit Citation; this precludes wear of the Vietnamese fourrageres, which represent additional unit awards.

18. AR 640-2-1, Table 3-1 provided instructions for recording entries on the DA Form 2-1, Part II, Personnel Qualification Record. Specific instructions for making the required entries were found in Section II-Classification and Assignment Data, Item 4. l. (Wounds). To record an injury or wound received, a brief description of the wound or injury received (including chemical, biological, or radiological injury) was entered, followed by the date wounded or injured. The wound or injury must have been received due to hostile or enemy action and resulted in medical treatment or hospitalization.

DISCUSSION AND CONCLUSIONS:

1. There is no medical evidence in the applicant's service personnel records, and the applicant has provided none, to show that he sustained an acoustic trauma injury as a result of hostile action while he served in Vietnam.

2. The Compensation and Examination Report, that the applicant submitted for consideration does not establish that he was injured by a blast from a 122mm rocket, as the applicant contends. The medical history that was included in the report prepared by the Veterans' Administration Medical Center, Nashville, repeats what the applicant reported to the person who interviewed him in connection with an application for compensation and other benefits provided by the Department of Veteran Affairs.

3. The DA Form 199 shows, and it is supported by the advisory opinion provided by the USAPDA, that the applicant had a hearing impairment, which existed prior to military service, and there was marginal evidence that combat trauma played a part in the aggravation of the hearing loss and impairment.

4. The rocket blast is alleged to have occurred in 1972 while the applicant served on his second tour of duty in Vietnam; however, the first revelation of the acoustic trauma did not occur until 1978.

5. Based on the evidence of record, the applicant is not eligible for award of the Purple Heart at this time.

6. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal. The DD Form 214 does not show the service stars to which the applicant is entitled for campaign participation. The applicant is entitled to award of one silver service star and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

7. The applicant served with Company C, 1st Battalion, 503rd Infantry Regiment, at the time it was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation. He is therefore eligible for award of these unit citations and to have them shown on his DD Form 214.

8. 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

rtd _____ jns _____ lmb _____ DENY APPLICATION

1. 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. 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 by:

a. awarding the applicant one silver service star and two bronze service stars, to be affixed to his already-awarded Vietnam Service Medal, to denote his participation in seven campaigns while he served in Vietnam; and

b. awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding them to his DD Form 214 dated of 1 June 1979.




                  ____ John N. Slone____
                  CHAIRPERSON




INDEX

CASE ID	AR200309051
SUFFIX
RECON
DATE BOARDED	20040210
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.
4.
5.
6.