RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        09 AUGUST 2005
      DOCKET NUMBER:  AR20040011005


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Barbara Ellis                 |     |Chairperson          |
|     |Mr. Kenneth Wright                |     |Member               |
|     |Mr. Patrick McGann                |     |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, in effect, that he suffered from hearing loss as
a result of concussion injuries received while in Vietnam when he was
knocked backwards from the concussion of incoming artillery and munitions.
He states that his hearing loss was recently recognized at Ireland
Community Army Hospital at Fort Knox, Kentucky and believes there should be
evidence in his service medical records.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 December 1970.  The application submitted in this case
is dated
3 August 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.  Records available to the Board indicate that the applicant was inducted
and entered active duty on 10 April 1969.  He was trained as a military
policeman but in January 1970 he was initially assigned as a clerk typist
with the 18th Military Police Brigade in Vietnam.  In April 1970 he assumed
duties as a military policeman with the 179th Military Police Detachment.

4.  The applicant departed Vietnam in December 1970 and on 11 December 1970
he was released from active duty.

5.  The applicant’s service medical records were not available to the Board
and the applicant’s name was not among a list of individuals reported as
combat casualties during the Vietnam War.


6.  Army Regulation 600-8-22 (Military Awards) 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 by a medical officer, and the medical treatment must have been
made a matter of official record.

7.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours will be awarded the Purple Heart by the organization to
which the individual is assigned.  Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam will be awarded the Purple
Heart directly by the hospital commander rendering treatment.

8.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant would have been
credited with participating in three designated campaigns (Vietnam
Counteroffensive Phase VII, Sanctuary Counteroffensive, and Vietnam Winter-
Spring 1970) while in Vietnam.  Three bronze service stars on the Vietnam
Service Medal, which is recorded on his separation document, should reflect
his campaign participation.  The 18th Military Police Brigade was also
awarded a Meritorious Unit Commendation and the Republic of Vietnam
Gallantry Cross Unit Citation with Palm during his tenure with the
organization.  The unit awards were also omitted from his separation
document.  There were no unit awards awarded to the 179th Military Police
Detachment while he was assigned to that organization.

DISCUSSION AND CONCLUSIONS:

1.  There is no medical evidence, and the applicant has not provided any,
which confirms that he was wounded as a result of hostile action while in
Vietnam.  In the absence of such evidence, there is no basis for an award
of the Purple Heart. The fact that his hearing loss my have recently been
recognized by a military hospital is not sufficient evidence that the
hearing loss was the result of hostile action.

2.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.


3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 December 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
10 December 1973.  The applicant did not file within the 3-year 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
timely 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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___BE  __  __KW___  __PM ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  As a result, the Board further determined that there is no evidence
provided which shows that it would 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.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.





3.  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 entitlement to three bronze service stars on his Vietnam
Service Medal, a Meritorious Unit Commendation, and a Republic of Vietnam
Gallantry Cross Unit Citation with Palm.




                                  ______Barbara Ellis________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011005                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050809                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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