RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           16 SEPTEMBER 2004
      DOCKET NUMBER:  AR2004101607


      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. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Luther Santiful               |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Ms. Marla Troup                   |     |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 received a 20 percent disability rating
[from the Department of Veterans Affairs] for his injuries, retroactive to
1970.  When he was 20 years old, he felt that he did not deserve the medal,
when the two men in front of him were killed and he was wounded.  Now, at
54, he feels that he deserves the award.

3.  The applicant provides a copy of his appeal to the Department of
Veterans Affairs (VA), with a page from the VA concerning his claim.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel supports the applicant's request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 December 1970.  The application submitted in this case
is dated 3 November 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.  The applicant enlisted in the Army for two years on 24 March 1969 and
was assigned to Fort Gordon, Georgia for basic combat training, where he
qualified as a sharpshooter with the machine gun and a marksman with the
automatic rifle. The applicant was trained as an infantryman and in
September 1969 was assigned to an infantry company in Vietnam.  He
completed his tour of duty in Vietnam and in September 1970 returned to the
United States, and was assigned to Fort Carson, Colorado.  He participated
in four campaigns while in Vietnam and was awarded the Combat Infantryman
Badge, the Army Commendation Medal, and the Bronze Star Medal.  The unit to
which he was assigned was awarded the Republic of Vietnam Gallantry Cross
Unit Citation with Palm for its actions while he was assigned to that unit.


4.  On 16 October 1970 the applicant requested an early separation from
active duty to attend school.  His request was approved and he was released
from active duty on 28 December 1970 in the pay grade of E-4 with an
honorable characterization of service.  His DD Form 214 (Report of Transfer
or Discharge) does not reflect award of the Purple Heart.

5.  Prior to his release from active duty, the applicant underwent a
medical examination.  The report of medical examination, dated 25 November
1970, shows that he was medically qualified for separation with a physical
profile serial of 1 1 1 1 1 1.  In the report of medical history that the
applicant furnished for that examination, he stated that his health was
good.  A remark on that report indicates that the applicant had ear trouble
and a temporary loss of hearing from a punctured eardrum.

6.  In an undated appeal to the board of Veterans Appeals the applicant
requested a hearing before a regional office concerning an appeal on issues
of service connection for defective hearing in his right ear and for
ringing in his ears. He stated that his right tympanic membrane was
perforated on 27 April 1970 as a result of an explosion and that he was
treated at the 91st Evacuation Hospital in Chu Lai, Vietnam, from 4 May
1970 to 10 June 1970.

7.  A page from a VA document concerning his claim states, "Service medical
records of May 4, 1970 indicate that the veteran suffered acoustic trauma
five days previously due to the explosion of a booby trap."

8.  Army Regulation 600-8-22 provides 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.

9.  The Vietnam Casualty Roster, maintained by this agency, does not list
the applicant as being wounded in action.

10.  The Army Good Conduct Medal is awarded to individuals who distinguish
themselves by their conduct, efficiency and fidelity during a qualifying
period of active duty enlisted service.  This period is 3 years except in
those cases when the period for the first award ends with the termination
of a period of Federal military service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence is inconclusive concerning the applicant's request for
award of the Purple Heart.  There is no medical evidence to show that he
was wounded as a result of hostile action, notwithstanding the page from
the VA document that he submits with his request.  The Vietnam Casualty
Roster does not show that he was wounded.  Without sufficient corroborating
evidence to show that he was wounded in action, there is no basis for award
of the Purple Heart.

2.  The applicant served his country honorably and faithfully.  He is
entitled to award of the Army Good Conduct Medal.

3.  The applicant participated in four campaigns in Vietnam.  He is
entitled to award of the Vietnam Service Medal with four bronze service
stars (one for each campaign).

4.  The applicant is entitled to award of the Sharpshooter Marksmanship
Qualification Badge with machine gun bar and the Marksman Marksmanship
Qualification Badge with automatic rifle bar.

5.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___LS  __  ___JM __  ___MT __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by award of the Army Good
Conduct Medal, the Vietnam Service Medal with four bronze service stars,
the Sharpshooter Marksmanship Qualification Badge with machine gun bar, the
Marksman Marksmanship Qualification Badge with automatic rifle bar, and the
Republic of Vietnam Gallantry Cross Unit Citation with Palm.
2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.




            _____Luther Santiful______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101607                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040916                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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