RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 August 2005
      DOCKET NUMBER:  AR20050004359


      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. Stacy R Abrams                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 was never awarded the Purple
Heart.

3.  The applicant provides a copy of a letter of support from an official
of the Veteran Services Office, dated 6 March 2005; a copy of his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge); a
copy of his
DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge
From Active Duty); copies of Standard Form 600 (Chronological Record of
Medical Care), dated 26 March 1969 and 18 November 1969; and a self
authored statement, dated 3 March 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error which occurred on
11 February 1970, the date the applicant was issued his DD Form 214.  The
application submitted in this case is dated 5 March 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 service personnel records show he was inducted in the
Army on 12 February 1968.  He successfully completed basic training and
advanced individual training and was awarded the military occupational
specialty 11B (Light Weapon Infantryman).

4.  The applicant's DD Form 214 does not show award of the Purple Heart in
item 24 (Decorations, Medals, Commendations, Citations and Campaign Ribbons
Award or Authorized).

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in
item
31 (Foreign Service) that he served in Vietnam from 15 July 1968 through
13 July 1969.

6.  There are no General Orders in the available records which show that
the applicant was awarded the Purple Heart.  There also is no evidence in
the available records that shows he was wounded or treated for wounds as a
result of hostile action.

7.  The applicant's DA Form 20 does not show any entry in item 40 (Wounds)
or list the Purple Heart in item 41 (Awards and Decorations).

8.  The applicant's name is not listed on the Vietnam Casualty Roster.

9.  The applicant's records contain a Standard Form 88 (Report of Medical
Examination), dated 13 December 1967.  This record shows that at the time
of his induction the applicant had an abnormal perforation of the right ear
drum.

10.  The applicant provides a SF 600 (Chronological Record of Medical
Care), which states that the applicant's track hit a mine and he was
treated for a perforated right ear drum on 26 March 1969 in Vietnam.

11.  The applicant also provides an additional SF 600 which states he was
treated at Fort Riley Kansas for a busted left ear drum sustained while in
Vietnam firing an M-14 in Vietnam on 18 November 1969.

12.  Review of the applicant's records reveals that he may be entitled to
additional awards which are not shown on his DD Form 214.

13.  There is no evidence in the applicant's personnel service records or
DD Form 214 that shows he received the first award of the Good Conduct
Medal.  There also is no evidence in his records that show he was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain adverse information and he received conduct and
efficiency ratings of "excellent" throughout his service.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) list the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to Troop B, 1st Squadron, 4th Cavalry, 1st Infantry
Division, the unit was cited for award of the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation by Headquarters Department of
the Army General Orders Number 43, dated 1970.



15.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in four campaigns during his service in Vietnam;
however, his records do not show award of bronze service stars to recognize
campaign participation.  Appendix B of Army Regulation 600-8-22 shows that
the applicant participated in the Vietnam Counteroffensive Phase V, Vietnam
Counteroffensive Phase VI, TET 69 Counteroffensive, and Vietnam Summer-Fall
1969.

16.  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.  There is no statute of limitations governing requests for
award of the Purple Heart.

17.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their exemplary
conduct, efficiency and fidelity during a qualifying period of active duty
enlisted service.  After 27 June 1950 to the present time, the current
standard for award of the Good Conduct Medal is 3 years of qualifying
service, but as little as one year is required for the first award in those
cases when the period of service ends with the termination of Federal
military service.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the Purple Heart.

2.  There are no orders in the available records authorizing award of the
Purple Heart to the applicant and the Purple Heart is not listed on his DD
Form 214.

3.  The evidence of record provides no confirmation that the applicant was
ever wounded in action or that he was ever awarded the Purple Heart.
Further, item 40 of his DA Form 20 is blank and his name is not included on
the Vietnam Casualty Roster which would indicate he was never wounded or
injured in action.

4.  The applicant's induction medical examination shows he entered active
service with a pre-existing abnormal perforation of the right ear drum
diagnosed on 13 December 1967.



5.  Medical show that he was treated in Vietnam for a perforated right ear
drum resulting when his tank drove over a land mine on 26 March 1969.
Medical records prepared in Fort Riley Kansas on 18 November 1969 also show
the applicant was treated for a left perforated ear drum which the
applicant contends occurred while firing an M14 Rifle in Vietnam.

6.  The applicant contends that medical records he submitted entitled him
to the Purple Heart.  Medical evidence shows that he had a perforated right
ear drum at the time of his enlistment.  Therefore, the annotation of a
perforated right ear drum sustained in Vietnam on 26 March 1969 is not
conclusive for the purpose of awarding the Purple Heart.  Furthermore, the
claim of a perforated left ear drum from firing a rifle in Vietnam is not a
documented wound resulting from hostile action.

7.  By regulation, in order to award the Purple Heart it is necessary to
establish that a Soldier was wounded as result of enemy action, that the
wound required treatment by a medical officer, and that the record of
medical treatment was made a matter of official record.  In the absence of
such evidence and in view of the conflicting dates and circumstances, there
is insufficient evidence in this case as basis for award of the Purple
Heart.

8.  The preponderance of evidence in this case does not show the applicant
sustained a perforated ear drum and therefore he is not entitled to the
award of the Purple Heart.

9.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 12 February 1968 through 11 February 1970 based on
completion of a period of qualifying service ending with the termination of
a period of Federal military service.  Therefore, he is entitled to
correction of his records to show this award.

10.  General Orders awarded the applicant the Republic of Vietnam Civil
actions Honor Medal First Class Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

11.  The evidence of record further shows that based on his Vietnam
campaign participation and service, the applicant is entitled to 4 bronze
service stars with his Vietnam Service Medal.  Therefore, it would be
appropriate to add these awards to his record at this time.



12.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 February 1970, the date of his
separation; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 10 February 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MJF____  __DJ___  ___JS__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive the ABCMR's three
year statute of limitations in this case.

2.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected to show the first award of
the Good Conduct Medal, the Vietnam Service Medal with four bronze service
stars, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.

3.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.




                                     __John N. Slone__
                                            CHAIRPERSON


            INDEX

|CASE ID                 |AR20050004359                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050811                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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