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ARMY | BCMR | CY2004 | 20040010717C070208
Original file (20040010717C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          25 August 2005
      DOCKET NUMBER:  AR20040010717


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |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 that he be awarded the Purple Heart.

2.  The applicant states that he should have been awarded the Purple Heart
for injuries to his hearing caused by mortar attacks in Vietnam.  He goes
on to state that he was not allowed to report the injuries because there
was no bleeding.  He continues by stating that he had normal hearing when
he entered the Army and his hearing loss was documented at the time of his
discharge.  He also states that he was a signal technician and has proven
that his hearing loss was ordnance related.  Additionally, he now suffers
from Post-Traumatic Stress Disorder (PTSD) and his injury has devastated
his life.

3.  The applicant provides his claim number with the Department of Veterans
Affairs (VA) indicating that he is service connected for hearing loss with
that agency.

CONSIDERATION OF EVIDENCE:

1.  He enlisted in Harrisonburg, Virginia, on 29 May 1968 for a period of 3
years and training as a microwave radio repairman.  He completed his basic
combat training at Fort Bragg, North Carolina, and was transferred to Fort
Monmouth, New Jersey, to undergo his advanced individual training (AIT).

2.  On 19 February 1969, while still in AIT, he was honorably discharged
for the purpose of immediate reenlistment.  He reenlisted on 20 February
1969 for a period of 4 years and assignment to Alaska.  He was transferred
to Alaska on 25 April 1969 and was advanced to the pay grade of E-4 on 13
August 1969.

3.  He remained in Alaska until 22 October 1969, when he was transferred to
Vietnam.  He arrived in Vietnam on 28 November 1969 and was assigned to the
337th Signal Company.  He was promoted to the pay grade of E-5 on 23 August
1970 and departed Vietnam on 25 November 1970, for assignment to Germany.

4.  He remained in Germany until 15 November 1972, when he was returned to
Fort Dix, New Jersey, to participate in Project Transition.

5.  On 23 February 1973, he was honorably discharged on the expiration of
his term of service (ETS).  He had served 4 years, 8 months and 22 days of
total active service and was awarded the National Defense Service Medal,
the Republic of Vietnam Campaign Medal, the Vietnam Service Medal (VSM) and
the Good Conduct Medal.

6.  There is no evidence in the available records or the Vietnam Casualty
Listing to show that he was ever reported as a casualty or that he was ever
treated for wounds that were the result of enemy action.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound/injury sustained as a result of hostile
action.  Substantiating evidence must be provided to verify that the
wound/injury was a result of hostile action, that the wound/injury must
have required treatment by a medical officer, and that the medical
treatment was made a matter of official record.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register-Vietnam Era) was published to assist
commanders and personnel officers in determining or establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, and unit citation badges awarded during the Vietnam
Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet
indicates that subsequent to the applicant’s departure from Vietnam, his
unit was awarded the Meritorious Unit Commendation (MUC) and the Republic
of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation.
Additionally, the applicant participated in four campaigns while assigned
to Vietnam and thus is entitled to be awarded four bronze service stars for
wear on his already awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted.  However, he has failed to
show through evidence submitted with his application or the evidence of
record that he was wounded/injured as a result of enemy action and that
treatment was rendered by medical personnel at the time and made a matter
of official record.

2.  Therefore, absence evidence which meets the requirements of the
regulation for award of the Purple Heart, there appears to be no basis to
award it to him at this time.

3.  However, the evidence of record does establish that he is entitled to
awards of the MUC, the RVNGC w/Palm Unit Citation and four bronze service
stars for wear on his already awarded VSM.   Therefore, it would be
appropriate to do so at this time.

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 FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __reb___  __lmb___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 awarding him the MUC, the RVNGC w/Palm Unit Citation and four
bronze service stars for wear on his already awarded VSM.



                 Margaret K. Patterson
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010717                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY W/NOTE)                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.107.0034              |80/MUC                                  |
|3.107.0094              |140/RVNGC                               |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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