RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          20 September 2005
      DOCKET NUMBER:  AR20050002605


      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. James Hise                    |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |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 he should have been awarded the Purple Heart
during his tour of duty in Vietnam.  He contends that in June 1968 he was
knocked to the floor and suffered hearing loss in his left ear when a
rocket hit the side of the bunker he was inside.  He also contends that he
has tinnitus in his left ear and this injury is not curable and just gets
worse.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 November 1970.  The application submitted in this case is
dated 3 February 2005.

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’s military records are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consists of a DD Form 214.

4.  Having prior service, the applicant enlisted on 18 November 1964 for a
period of 6 years.  He served in Vietnam from 22 December 1967 through 19
December 1968 and was honorably discharged on 17 November 1970.

5.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Meal, the Vietnam Campaign Medal, the Bronze Star
Medal, the Air Medal with First Oak Leaf Cluster, the Republic of Vietnam
Gallantry Cross with Unit Citation, the Expert Marksmanship Qualification
Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge
with Pistol Bar as authorized awards.

6.  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.

7.  The applicant's name does not appear on the Vietnam Casualty Roster.

8.  Records show the applicant participated in five campaigns during his
assignment in Vietnam.

9.  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.

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, 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.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows that the applicant was
wounded or treated for any injuries as a result of hostile action in
Vietnam.  Therefore, there is insufficient evidence on which to base an
award of the Purple Heart in this case.

2.  The applicant participated in five campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with one
silver service star.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 17 November 1970; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 16 November 1973.  Although the applicant did not file within
the ABCMR's statute of limitations, it is appropriate to waive failure to
timely file based on the fact there is no statute of limitations on
requests for award of the Purple Heart.

4.  Evidence shows that the applicant’s records contain an 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

JH_____  TO______  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.  The Board determined that an administrative error 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 Vietnam Service Medal with one silver
service star.



            __James Hise__________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002605                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050920                                |
|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.                      |                                        |


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