RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          14 December 2004
      DOCKET NUMBER:  AR2004104653


      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. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Diane J. Armstrong            |     |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, in effect, correction of his military record to
show award of the Purple Heart (PH).

2.  The applicant states, in effect, that on or about April 1967, he was
wounded by enemy artillery fire while defending a base outside Bien Hoa,
Vietnam.  He was treated for extreme, temporary hearing loss.  The
treatment record for this condition is no longer available.  However, the
Veterans Administration (VA) has determined he has ongoing hearing loss
that is due partly to exposure to acoustic trauma and awarded him a 10
percent service connected disability rating.

3.  The applicant provides in support of his request a VA Rating Decision
(Review), dated 23 October 2003 and supporting documents which shows the
applicant was granted a 0 percent service connection disability rating for
hearing loss in the left ear.  He was also granted a 10 percent service
connection disability rating for tinnitus.  Both effective 15 October 2002.

CONSIDERATION OF EVIDENCE:

1.  On 15 June 1966, the applicant enlisted in the Regular Army for 3
years.  He completed the training requirements and he was awarded military
occupational specialty (MOS) 71H (Personnel Specialist).

2.  On 21 November 1966, he was assigned to Vietnam with duties in his MOS.
 He served with the 537th Personnel Services Company until he returned to
the United States on 20 December 1967 and was assigned to Fort George G.
Meade, Maryland.

3.  The applicant served in Vietnam during Vietnam Counteroffensive, Phase
II; and Vietnam Counteroffensive, Phase III campaigns.

4.  On 13 June 1969, the applicant was honorably released from active duty
and transferred to the United States Army Reserve.  The applicant's DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge),
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) shows he was awarded the National Defense
Service Medal, Vietnam Service Medal (VSM), Vietnam Campaign Medal with
Device 60, Good Conduct Medal, Armed Forces Honor Medal, two Overseas
Service Bars and the Expert Marksmanship Qualification Badge, M14 Rifle.
The PH is not shown as an authorized award.

5.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 40
(Wounds) contains no annotations or descriptions of any wounds he received
as a result of hostile action while serving in Vietnam.

6.  The applicant's name also does not appear on the Vietnam Casualty List,
a compilation of all casualties during the Vietnam War.

7.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, service medals and service ribbons, combat and special skill badges
and tabs, unit decorations, and trophies and similar devices awarded in
recognition of accomplishments.  This regulation provides, in pertinent
part, that:

      a.  The PH is awarded for a wound sustained as a result of hostile
action.  Substantiating evidence must be provided to verify that:  (1) the
wound was the result of hostile action; (2) the wound required medical
treatment; and (3) the medical treatment was made a matter of official
record.


      b.  The bronze service star is awarded, based on qualifying service,
for each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.

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 unit to which the applicant
was assigned was cited for award of the Vietnam Gallantry Cross Unit
Citation with Palm for the period 20 July 1965 to 28 March 1973 by DAGO
Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, the applicant would have to show that
he was wounded and that:  (1) he was serving in some capacity with one of
the U.S. Armed Services (2) the wound was the result of hostile action; (2)
the wound required medical treatment; and (3) the medical treatment was
made a matter of official record.  There is nothing in the applicant's
record to support his contention concerning award of the PH nor does his
name appear on the official Vietnam Casualty List.

2.  The VA Rating Decision (Review) that was provided by the applicant is
not sufficient to award him the PH.  The decision, made in 2003, refers to
hearing loss and a condition (tinnitus) which were not noted at the time of
discharge.

3.  The applicant served during two campaigns and is authorized award of
two bronze service stars to be worn on his VSM.  He is also authorized
award of the Vietnam Gallantry Cross Unit Citation with Palm.

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

__JLP___  __LE____  __DJA___  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 to show award of two bronze service stars to be worn on his VSM
and the Vietnam Gallantry Cross Unit Citation with Palm.



                 Jennifer L. Prater
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004104653                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0094                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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