RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 November 2006
      DOCKET NUMBER:  AR20060004683


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 the senior explosive
ordnance noncommissioned officer at the 59th Explosive Ordnance Detachment
(EOD) in Vietnam and he was wounded by enemy action during a mission on 2
July 1969. The applicant states, in effect, that the mission was to locate
and render safe numerous improvised explosive devices (IED) and to destroy
a large amount of U.S. artillery ammunition that was abandoned when a
landing zone was overrun by a large enemy force.  The applicant states that
he was accompanied on the mission by another EOD qualified Soldier,
Specialist Five (SP5) T______ J. R_____.  While traveling in a convoy of
tanks and armored personnel carriers (APC), he and SP5 R_____ were mounted
on top of one of the APCs, to the aft of the open top hatch.  Several
mortars exploded in front of the convoy causing the tracked vehicles at the
rear of the convoy to bunch up.  The tracked vehicle behind the applicant's
APC ran over an anti-tank mine and detonated it.  The resulting blast
overpressure threw the applicant into the air and he fell inside the APC he
had been riding on.  The applicant adds that he was disoriented, the inside
of the APC was full of smoke, and he could not see or hear anything.  A .50
caliber machine gun was being fired across the open hatch of the APC;
however, the applicant states he could not hear the firing, but could only
see the muzzle flash and feel the concussion as it fired.  The applicant
then exited the APC via the rear hatch and took up a defensive position.
He adds that he had a loud ringing in both ears, still could not hear very
well, and he could not make out the difference between the sounds of
friendly and enemy weapons' fire and explosions.  He also states, in
effect, that due to the injury to his left ear, he was hearing everything
in his right ear, making it impossible to determine the direction of the
sounds.  The applicant further states that he and SP5 R______, who had been
wounded in his right leg, proceeded to locate and render safe IEDs and
mines.  The applicant states that SP5 R_____ was subsequently treated for
his wounds and he later received a Purple Heart and Bronze Star Medal for
valor as a result of his actions on 2 July 1969.  He also offers that most
combat-related wounds show some signs of damage to external tissue such as
bleeding, fragmentation or bullet holes; however, he states that his wounds
were internal to his ears, and were caused by blast overpressure.  The
applicant states that he did not seek medical attention for the injury to
his ear because he did not have any external bleeding and assumed that his
hearing loss and the ringing in his ears was temporary.  The applicant
concludes by stating that he has not previously attempted to have his
records corrected because it was not until only recently that he became
aware that there was a process available to request correction of his
military records.
3.  The applicant provides a self-authored statement, dated 28 March 2006;
a letter from SP5 T______ J. R_____, dated 13 February 2006; a Medical
Report from J___ P. L___, M.D., F.A.C.S.,F.A.A.F.P.,R.S., Ear, Nose &
Throat Associates of Tidewater, Inc., Suffolk, Virginia, dated 24 February
2006; and copies of Headquarters, 1st Logistical Command (Vietnam), General
Orders Numbers 855 and 882, dated 18 October 1969 & 30 October 1969,
respectively.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 April 1980, the date of his retirement from active duty.
The application submitted in this case is dated 28 March 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.  The applicant's military service records show that he enlisted in the
Army and entered active duty on 26 January 1960.  Upon completion of basic
combat training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 177 (Lehr Crewman).  He reenlisted on
26 January 1963, reclassified into MOS 55B (EOD Specialist), and reenlisted
again to remain on active duty.

4.  The applicant's military service records show that he was assigned to
the 269th Ordnance Detachment from 18 January 1969 through 14 April 1969
and then assigned to the 59th Ordnance Detachment, 1st Logistical Command
(Vietnam) from 15 April 1969 through 12 February 1970.

5.  The applicant continued to serve on active duty and attained the grade
of rank of sergeant first class (SFC)/pay grade E-7.  He was honorably
retired from the U.S. Army on 30 April 1980 after serving on active duty
for a total of 20 years,
3 months, and 5 days.

6.  The applicant's military service records contain a DD Form 214
(Certificate of Release or Discharge from Active Duty), issued at the time
of his retirement.  Item 13 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) shows that he was
awarded the National Defense Service Medal, Vietnam Service Medal, Republic
of Vietnam Campaign Medal, Good Conduct Medal (6th Award), Bronze Star
Medal, Meritorious Unit Commendation, Navy Meritorious Unit Commendation,
and the Master and Senior Explosive Ordnance Disposal Badges.

7.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 9
January 1969 through 13 February 1970.  Item 39 (Campaigns) of this
document shows that he participated in the Vietnam Counteroffensive Phase
VI, Vietnam Summer-Fall 69, Vietnam Winter-Spring 70, and TET 69
Counteroffensive campaigns.

8.  There are no orders in the applicant’s service personnel record which
show that he was awarded the Purple Heart.  There also is no evidence in
his records that he was wounded or treated for wounds as a result of
hostile action.  His
DA Form 20 does not show an entry in Item 40 (Wounds) or list the Purple
Heart in Item 41 (Awards and Decorations).  The applicant's name is not
listed on The Adjutant General, Casualty Division's, Vietnam Casualty
Roster.

9.  The applicant's military service records contain a DA Form 2339
(Application for Voluntary Retirement), dated 29 February 1980.  This
document shows in Item 32 (Remarks), in pertinent part, the following
statement, "I have read section V, Chapter 12, AR 635-200.  I understand
that if I wish to undergo a medical examination prior to my retirement I am
responsible for arranging for it to be started on the earliest possible
date.  I am aware that the purpose of this examination is to ensure that my
medical records reflect, as accurately as possible, my state of health on
retirement and to protect my interests and those of the government."  This
item also shows that the applicant placed his signature below the statement
in Item 32.

10.  In support of his application, the applicant provides a self-authored
statement, a letter from a former Soldier (SP5 R_____) who served with the
applicant, a Medical Report from the Ear, Nose & Throat Associates of
Tidewater, Inc., Suffolk, Virginia, and copies of Headquarters, 1st
Logistical Command (Vietnam) General Orders Numbers 855 and 882, dated 18
October 1969 and 30 October 1969.  The applicant's self-authored statement
provides his version of the events that occurred on 2 July 1969, a
description of his injury, and his reasons for not seeking medical
treatment at the time.  The letter from SP5 R______ also provides a summary
of the incident and, in pertinent part, states that, as the situation
became secure, the applicant informed him he had a problem hearing out of
one of his ears and was experiencing a ringing sensation.
The medical report shows that the applicant has been followed at the clinic
for about 10 - 12 years.  It states, in pertinent part, that the applicant
was hit with a mine in Vietnam in 1969 causing a severe shockwave
fracturing his ossicle bones in the middle ear on the left and leaving him
with a mixed neurosensory hearing loss.  It states that the conductive loss
is on the left and the neurosensory is on the right.  The Unit Orders the
applicant provides show, in pertinent part, that SP5 R_____ was awarded the
Purple Heart for wounds he received in connection with military operations
against a hostile force on 2 July 1969 and that he was awarded the Bronze
Star Medal for heroism on that same date (i.e., 2 July 1969).

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

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the following campaigns:  Vietnam Counteroffensive Phase VI, Vietnam
Summer-Fall 69, Vietnam Winter-Spring 70, and TET 69 Counteroffensive; a
total of four campaigns.

13.  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 that, at the time of the
applicant's assignment to the 59th Ordnance Detachment, 1st Logistical
Command (Vietnam), the unit was awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation by Headquarters, Department of the Army,
General Orders Number 8 (1974).

14.  The applicant's records contain a copy of Headquarters, 18th Ordnance
Detachment (EOD), Fort Bragg, North Carolina, Unit Orders Number 31, dated
7 November 1971, which shows that he was awarded the Expert Marksmanship
Qualification Badge with Pistol Bar.

15.  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.  A
wound is defined as an injury to any part of the body from an outside force
or agent sustained as a result of hostile action.  A physical lesion is not
required, however, the wound for which the award is made must have required
treatment by a medical officer and records of medical treatment for wounds
or injuries received in action must have been made a matter of official
record.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign.

17.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

18.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

19.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of
arrival and the month of departure from Vietnam are counted as whole months
for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Purple Heart for injuries to his ears that he sustained while serving in
Vietnam and provides a self-authored statement, a recent letter from a
former EOD Soldier, and a medical report, dated 24 February 2006, in
support of his claim.  However, the applicant provides insufficient
documentary evidence in support of his claim.

2.  There is no evidence the applicant was awarded the Purple Heart.  There
are no medical records which show that the applicant was wounded or injured
as a result of hostile action.  There is also no medical evidence of record
which shows that he received medical treatment for a wound or injury that
was sustained as a result of enemy action.  Therefore, there is
insufficient evidence upon which to base award of the Purple Heart in this
case.

3.  Records show that the applicant served in four campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of 4
bronze service stars to be affixed to his Vietnam Service Medal.

4.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

5.  Special Orders awarded the applicant the Expert Marksmanship
Qualification Badge with Pistol Bar.  Therefore, it would be appropriate to
correct his records to show this badge.

6.  Records show that the applicant served a total of 13 months in Vietnam.
 Therefore, he is entitled to correction of his records to show award of 2
Overseas Service Bars.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 April 1980; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
29 April 1983.  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.

8.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___TAP__  __PBF__  ___LMD _  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 to show correction of Item 32 of his DD Form 214, as follows:

      a.  Delete:  Vietnam Service Medal; and

      b.  Add:  Vietnam Service Medal with 4 bronze service stars, Republic
of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship
Qualification Badge with Pistol Bar, and 2 Overseas Service Bars.




                                       __Thomas A. Pagan_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004683                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061121                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19800430                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 12                  |
|DISCHARGE REASON        |Completion of Required Service for      |
|                        |Retirement                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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