RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20060001969


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen Raub                    |     |Chairperson          |
|     |Mr. Linda Barker                  |     |Member               |
|     |Mr. Qawiy Sabree                  |     |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 based on an injury he
suffered as a result of hostile action during combat in Vietnam in February
1967.

2.  The applicant states he was medically evacuated from the jungle and he
was a patient in the 8th Evacuation Hospital in Nha Trang, Vietnam.  He
states that both of his ear drums were blown out by enemy mortar shells.

3.  The applicant provides no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 May 1978.  The application submitted in this case is dated
30 January 2006.

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 limitations 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.  After having had prior enlisted service, the applicant was appointed as
a commissioned officer and entered active duty on 15 February 1963.

4.  The applicant was assigned to Vietnam on 27 September 1966.  His DA
Form 66 (Officer Qualification Record) shows he was medically evacuated to
the
U.S. Army Hospital at Camp Zama, Japan on 28 February 1967.  He departed
Vietnam on 7 June 1967.

5.  The applicant was reassigned to Vietnam on 11 July 1968.

6.  The applicant underwent a physical examination on 31 July 1968 for the
purpose of appointment in the Regular Army.  His Report of Medical
Examination indicates a defect in both of his ears.  He was given a
physical profile of 111311.

7.  A Disposition Form (DA Form 2496), dated 7 August 1968, indicates the
applicant was medically disqualified for appointment in the Regular Army by
reason of high frequency hearing loss.
8.  There are no orders in the applicant's personnel records which show he
was awarded the Purple Heart.  His name is not included on the Vietnam
Casualty Roster.

9.  He departed Vietnam on 1 July 1969.

10.  The applicant was retired from active service on 31 May 1978 and was
placed on retired list on the following date.  His DD Form 214 for the
period ending 31 May 1978 does not show the Purple Heart as an authorized
award.

11.  Army Regulation 600-8-22 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.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders which authorize award of the Purple Heart to the
applicant.  His name is not listed on the Vietnam Casualty Roster.

2.  The applicant contends that both of his ear drums were blown out by
enemy mortar shells.  His Report of Medical Examination indicates he had a
defect in both of his ears and there is evidence of record which shows he
had high frequency hearing loss.  However, there are no medical documents
which verify that the applicant was wounded or injured as a result of
hostile action in February 1967 in the Republic of Vietnam.

3.  Therefore, there is insufficient evidence on which to base correction
of his records to show award of the Purple Heart.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 May 1978; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 May 1981.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file in this case based on the fact there is no statute of
limitations on requests for award of the Purple Heart.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

AR______  LB______  QS______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  Allen Raub____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001969                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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