RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          19 August 2004
      DOCKET NUMBER:  AR2004100478


      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:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Curtis L. Greenway            |     |Member               |
|     |Mr. William D. Powers             |     |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 had damage to his left ear when a land
mine went off in Vietnam sometime around July or August 1970.  He goes on
to state that blood was coming out of his ear and several other Soldiers
were wounded and killed.  He continues by stating that the company medic
put cotton in his ears and then sent him to the Phan Thiet Medical Station.
 A month or so later he was sent to Cam Ranh Bay and was issued a permanent
profile.  He further states that he did not receive a Purple Heart;
however, he did receive an Army Commendation Medal (ARCOM) after that
incident.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 3 March 1972.  The application submitted in this case is dated
24 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.  He enlisted in the Regular Army on 25 May 1967, for a period of 3 years
and training as a wheel vehicle mechanic.  He completed his basic combat
training at Fort Gordon, Georgia, and his advanced individual training
(AIT) at Fort Jackson, South Carolina.  Upon completion of his AIT he was
transferred to Fort Benning, Georgia, on 18 October 1967.

4.  On 29 January 1968, he was transferred to Vietnam where he was assigned
to the 18th Aviation Company.  He was advanced to the pay grade of E-4 on
13 May 1968 and was promoted to the pay grade of E-5 on 7 January 1969.  He
departed Vietnam on 27 January 1969 for assignment to Fort Meade, Maryland.


5.  On 24 February 1969, he reenlisted for a period of 3 years and
assignment back to Vietnam.  He arrived in Vietnam on 27 April 1969 and was
assigned to Company C, 864th Engineer Battalion.  He extended his tour in
Vietnam and served there until 3 November 1970, when he was transferred
back to Fort Meade.

6.  On 3 March 1972, he was honorably released from active duty (REFRAD) on
the expiration of his term of service (ETS).  He had served 4 years, 9
months and 9 days of total active service and was awarded the National
Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of
Vietnam Campaign Medal and the ARCOM for meritorious service during the
period of April 1969 to October 1970.

7.  The applicant's medical records were not available for review.
However, a review of his military personnel records and the Vietnam
Casualty Listing fails to show that the applicant was wounded/injured as a
result of hostile action in Vietnam.

8.  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.

9.  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 the applicant’s units
were subsequently awarded the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions
Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he
was assigned to the units.  Additionally, he participated in eight
campaigns while in Vietnam and is entitled to receive one silver and three
bronze service stars for wear on his already awarded VSM to denote his
campaign participation.

DISCUSSION AND CONCLUSIONS:

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

2.  While the applicant did serve two tours in Vietnam, the available
records are silent in regards to any wounds/injuries the applicant may have
received in Vietnam as a result of hostile action.  Therefore, absent
evidence to the contrary, there appears to be no basis to award him the
Purple Heart at this time.

3.  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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 March 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 2 March 1975.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__fe____  __clg___  __wdp___  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 by awarding him the RVNGC w/Palm Unit Citation, the RVNCAHM-FC
Unit Citation, one silver and three bronze service stars for wear on his
already awarded VSM and by correcting his records to reflect those awards.

                                  Fred Eichorn
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100478                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040819                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.107.0094              |140/RVNGC                               |
|3.107.0095              |141/RVNCAHM                             |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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