RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           2 September 2004
      DOCKET NUMBER:  AR2004100157


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Mr. Ronald Weaver                 |     |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 the proximity of loud explosions
in Vietnam caused his ear problems.  He contends that in March 1972 he was
treated for ear problems/hearing loss and that the pain increased and he
developed dizziness and vertigo.

3.  The applicant provides letters, dated 27 October 2003 and 25 November
2003, from a Member of Congress; a letter of explanation; and copies of
service medical records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 April 1974.  The letter submitted in this case is dated 27
October 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 on 2 April 1954 and remained on active duty
through continuous reenlistments.  He served as a light weapons infantryman
assigned to the 4th Military Police Company of the 4th Infantry Division in
Vietnam from
26 September 1966 through 29 August 1967.  He was appointed a Warrant
Officer One on 12 March 1969.  He served as a criminal investigator
assigned to Detachment E of the 8th Military Police Company in Vietnam from
18 January 1972 though 7 April 1972.  On 30 April 1974, the applicant was
retired in the rank of Chief Warrant Officer Two.

4.  The applicant's DD Form 214 (Report of Separation from Active Duty) for
the period ending 30 April 1974 shows the Bronze Star Medal, the Vietnam
Service Medal with four bronze service stars, the Vietnam Campaign Medal,
three awards of the Overseas Service Bar, the Master Parachutist Badge, the
Good Conduct Medal (2nd Award), the Army Commendation Medal, the National
Defense Service Medal with First Oak Leaf Cluster, and the Meritorious
Service Medal as authorized awards.

5.  There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20
is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.

7.  The applicant provided service medical records which show that he was
treated for hearing loss (right ear) and a middle ear infection (right ear)
in Vietnam during March 1972.  The medical records also show that he was
admitted to the hospital on 31 March 1972 in Vietnam for hearing loss
(right ear) and a possible viral infection.  On 8 April 1972, the applicant
was evacuated from Vietnam and sent to Fort Campbell, Kentucky, for further
medical treatment.  He also provided medical records which show he was
treated for dizziness and vertigo during the period May 1972 through 31
January 1973.  However, there is no evidence that his ear problems and
conditions were the result of hostile action in Vietnam.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the applicant's (4th Military
Police Company) unit received the Republic of Vietnam Gallantry Cross with
Palm Unit Citation based on Department of the Army General Orders Number 3,
dated 1970.

9.  Department of the Army Pamphlet 672-3 also shows the applicant's unit
(4th Military Police Company) received the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation based on Department of the
Army General Orders Number 53, dated 1970.

10.  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, and the medical treatment must have been made a matter of
official record.

DISCUSSION AND CONCLUSIONS:

1.  The medical records provided by the applicant do not show that his
hearing loss, middle ear infection, dizziness or vertigo were the result of
hostile action in Vietnam.  There is no evidence in the available records
which shows that the applicant was wounded or injured as a result of
hostile action in Vietnam.  Therefore, there is insufficient evidence on
which to base award of the Purple Heart in this case.

2.  The applicant's unit (4th Military Police Company) received the
Republic of Vietnam Gallantry Cross with Palm Unit Citation and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
while he was assigned to it.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 30 April 1974; therefore, the time for the applicant
to file a request for correction of any error expired on 29 April 1977.
However, 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
errors which do 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

WM_____  WP____  RW______  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 errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show that he 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 on his DD Form 214 for the
period ending 30 April 1974.



            _Walter Morrison_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100157                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040902                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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