RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         01 MARCH 2005
      DOCKET NUMBER:  AR20040002050


      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. Walter Morrison               |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Mr. Antonio Uribe                 |     |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 the tank that he was on was totally destroyed
by a land mine in March 1970.  The explosion busted his left ear drum and
he bled for two weeks before he received medical attention.  He was on a
medical profile at the time of his separation from the Army.  He has a 10
percent service connected disability for hearing loss.

3.  The applicant provides a copy of a Department of Veterans Affairs (VA)
rating decision, a copy of a VA report of medical examination to include
audiometric examination, a copy of his DD Form 214 (Report of Transfer or
Discharge), and a copy of a request for assistance from a Member of
Congress (MC) and that official’s correspondence to this agency.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 27 August 1970.  The application submitted in this case
is dated      6 May 2004.

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 applicant was inducted into the Army on 19 August 1969, trained as
an armor reconnaissance specialist, and in February 1970 was assigned to
Troop B, 1st Squadron, 11th Armored Cavalry Regiment in Vietnam as a senior
scout observer.  On 10 July 1970 the applicant was awarded the Army
Commendation Medal with “V” device for heroism in action on 12 May 1970
while engaging an enemy grenade team after his vehicle was struck by a
rocket-propelled grenade, injuring his gunner.

4.  The applicant returned to the United States and was released from
active duty in the pay grade of E-4 because of a hardship on 27 August
1970.  He had         1 year and 9 days of service and spent 6 months and
29 days in Vietnam.  The applicant’s OMPF (official military personnel
file) shows that he qualified as an expert with both the rifle and the
machine gun.  The applicant participated in three campaigns during his tour
of duty in Vietnam and the 11th Armored Cavalry Regiment was awarded the
Valorous Unit Award and the Republic of Vietnam Gallantry Cross Unit
Citation with Palm for its actions while he was assigned to that
organization.

5.  The applicant’s DD Form 214 does not show award of the Purple Heart.
His DA Form 20 (enlisted qualification record) does not reflect that award
or show that he was wounded in action.  His DD Form 214 does show award of
the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign
Medal, Bronze Star Medal, and the Army Commendation Medal, but not showing
the “V” device on the latter award.

6.  Prior to his release from active duty, on 26 August 1970, the applicant
underwent a physical examination.  The report of that examination shows
that he was medically qualified for separation.  Marked on that report was
the notation that he had problems with his ears; however, there is no
evidence to show that he was wounded in action.  The applicant stated that
he was in good health.

7.  The applicant was discharged from the Standby Reserve because of his
personal hardship on 31 March 1971.

8.  The Vietnam Casualty Roster maintained by this agency does not show
that the applicant was wounded in action.

9.  In a 24 May 1970 VA report of medical examination for disability
evaluation the applicant stated that his left ear drum was busted in March
1970 when the tank in which he was riding hit a land mine.  He stated that
he was on profile at the time of his separation from the Army, and that he
has had trouble with his ear ever since.  Audiometric examination of 21 May
1973 indicates that he had normal hearing in his right ear, but that he had
a very mild high frequency sensori-neural hearing loss in his left ear.

10.  On 3 July 2003 the VA informed the applicant of its decision
concerning his claim for an increase in his service connected compensation,
granting him a        30 percent disability rating for post traumatic
stress disorder, increasing from zero percent to 10 percent his rating for
high frequency hearing loss, and continuing his 10 percent rating for
tinnitus.

11.  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.

12.  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.  Notwithstanding the applicant’s contentions and the evidence of his
hearing loss, there is no evidence that this condition was caused by enemy
action.  There is insufficient evidence to substantiate his claim – that he
was wounded in action. Consequently, his request for award of the Purple
Heart cannot be granted.

2.  The applicant spent a little over a year on active duty in the Army.
During this relatively short period of service, he participated in three
campaigns and was awarded the Bronze Star Medal and the Army Commendation
Medal with “V” device.  He served his country faithfully and honorably.
The applicant is entitled to award of the Army Good Conduct Medal.

3.  The applicant participated in three campaigns.  He is entitled to award
of the Vietnam Service Medal with three bronze service stars (one for each
campaign).
4.  The applicant qualified as an expert with the rifle and machinegun.
His record should show award of the Expert Marksmanship Qualification Badge
with rifle and machinegun bars.

5.  The applicant was awarded the Army Commendation Medal with “V” device.
That award should be reflected in his record.

6.  The applicant is entitled to award of the Valorous Unit Award and the
Republic of Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___WM  _  __RD ___  __AU___  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, Vietnam Service Medal with three bronze service stars,
Expert Marksmanship Qualification Badge with rifle and machinegun bars,
Army Commendation Medal with “V” device, Valorous Unit Award, 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.





                                  _____Walter Morrison________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002050                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050301                                |
|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.                      |                                        |


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