RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2006
      DOCKET NUMBER:  AR20060006994


      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. Richard Dunbar                |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. Larry Racster                 |     |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.  He also requests
that he be retroactively promoted to pay grade E-5.

2.  The applicant states that he was 19 years old when he was wounded and
evacuated to Walter Reed.  He contends that his records were later lost
twice, that no one cared about his situation, and that he recently acquired
sufficient documentation to support his application.

3.  The applicant provides ten documents outlined in a letter, dated 19
April 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
17 February 1972.  The application submitted in this case is dated 4 May
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 enlisted on 17 July 1969 for a period of 3 years.  He
arrived in Vietnam on 18 June 1970.  He was assigned to Company E, 1st
Battalion, 506th Infantry in Vietnam from 28 June 1970 through 4 July 1970.
 He was assigned to Headquarters and Headquarters Company, 3rd Brigade,
101st Airborne Division in Vietnam from 5 July 1970 through 31 December
1970.  His DA Form 20 (Enlisted Qualification Record) shows that he was
hospitalized in Vietnam on
1 January 1971 and transferred to Walter Reed General Hospital in
Washington, D.C. on 5 January 1971.  On 17 February 1972, the applicant was
released from active duty.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal
and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as
authorized awards.  His DD Form 214 shows his rank as specialist four/pay
grade E-4 with a date of rank of 16 October 1970.  His DD Form 214 states
that he was separated from the service on temporary records.


5.  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.

6.  The applicant's DA Form 20 does not show entitlement to the Purple
Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant's
name does not appear on the Vietnam Casualty Roster.

7.  In support of his claim for award of the Purple Heart, the applicant
provided a clinical record cover sheet, dated 1 January 1971, which shows
that he was evacuated from Vietnam to Walter Reed General Hospital and was
diagnosed with bilateral tympanic (middle ear) membrane perforations, old;
and mixed deafness.  However, there is no evidence that his ear condition
was the result of hostile action in Vietnam.

8.  The applicant also provided a letter, dated 26 September 1994, from
Department of Veterans Affairs (DVA) which states that he was rated service
connected for a perforated left ear drum, hearing loss in the left ear, and
tinnitus (ringing in the ears).

9.  On 23 November 1971, the applicant underwent a separation physical
examination and was found qualified for separation with a physical profile
of 111211.  Item 74 (Summary of Defects and Diagnoses) on his Standard Form
88 (Report of Medical Examination) states, “Perforation “as” tympanic
membrane & secondary hearing loss.”

10.  The applicant underwent a Mental Status Evaluation on 23 November 1971
which states “Recurrent otitis media (inflammation of the middle ear)
perforation L [left] tympanic membrane.”

11.  Orders show the applicant was promoted to specialist four/pay grade E-
4 effective 16 October 1970.

12.  In support of his claim for promotion to specialist five, the
applicant provided an undated letter, Subject:  PROMOTION OF EM, which
states he was fully qualified for promotion to grade E-5 on 1 June 1971
except for his standing on the latest promotion board standing list prior
to being medically evacuated from Vietnam.  This letter also requested that
correspondence reflecting the applicant’s order on [the standing] list be
provided to that station.  He also provided an undated letter, Subject:
PROMOTION OF EM, from his previous unit in the 101st Airborne Division,
which states that he was recommended for immediate promotion to E-5.
However, it also stated he was not on a promotion standing list.
13.  There is no evidence of record which shows the applicant was promoted
to specialist five/pay grade E-5 prior to his discharge on 17 February
1972.

14.  Headquarters, 101st Airborne Division (Airbmobile) General Orders
Number 15216, dated 30 December 1970, show the applicant received the Army
Commendation Medal.

15.  Headquarters, 8th Infantry Division, General Orders Number 148, dated
3 February 1972, show the applicant received the Good Conduct Medal.

16.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

17.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

18.  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 applicant's unit (1st
Battalion, 506th Infantry) is entitled to award of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation based on Department of
the Army General Orders Number 48, dated 1971.

19.  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.

20.  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.

21.  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.

22.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Republic of Vietnam Campaign Medal with Device 1960.  This medal was
awarded by the Government of Vietnam to all members of the Armed Forces of
the United States for qualifying service in Vietnam during the period 1
March 1961 through 28 March 1973.  Qualifying service included assignment
in Vietnam for 6 months or more.

23.  Paragraph 7-12b(4) of Army Regulation 600-200 (Enlisted Personnel
Management System) states that all individuals with an order of merit
recommended list status for promotion to pay grades E-5, E-6, and E-7 at
time of evacuation who are transferred to a medical facility prior to
promotion, may be promoted by the medical facility commander under
conditions indicated in (a) and (b) below.  Correspondence reflecting the
individual’s order of merit recommended list status will be forwarded to
the medical facility commander with the individual’s personnel record by
the losing commander.  A unit commander’s recommendation is not sufficient
for promotion under this subparagraph and will not be used as a substitute
for a recommendation resulting from selection by a selection board.

DISCUSSION AND CONCLUSIONS:

1.  The clinical record cover sheet provided by the applicant does not show
that his ear condition was the result of hostile action in Vietnam.  There
is no evidence of record which shows that he was wounded as a result of
hostile action in Vietnam.  Therefore, there is insufficient evidence on
which to base award of the Purple Heart in this case.

2.  The DVA does not fall under the purview of this Board or the Department
of Defense.  The DVA, operating under its own policies and regulations,
assigns disability ratings as it sees fit.

3.  Although the applicant provided documentation which stated that he was
qualified and recommended for promotion to E-5, there are no promotion
orders or other evidence of record which shows he was promoted to
specialist five/pay grade E-5 prior to his separation on 17 February 1972.
Therefore, there is insufficient evidence on which to retroactively promote
him to pay grade E-5 and there is no evidence to show he was recommended
for promotion by a selection board.

4.  Orders show the applicant received the Army Commendation Medal and the
Good Conduct Medal.

5.  The applicant’s service in Vietnam and participation in two campaigns
during his assignment in Vietnam entitles him to award of the Vietnam
Service Medal with two bronze service stars.

6.  The applicant served a period of qualifying service for award of the
Republic of Vietnam Campaign Medal with Device 1960.

7.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

8.  The applicant's unit (1st Battalion, 506th Infantry) received the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
while he was assigned to it.

9.  Records show the applicant should have discovered the alleged errors
now under consideration on 17 February 1972; therefore, the time for the
applicant to file a request for correction of any error expired on 16
February 1975.  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.

10.  Evidence shows that the applicant’s records contain administrative
errors which do 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

RD_____  __DD___  __LR____  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 administrative errors 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 Army Commendation Medal, the Good Conduct
Medal, the Vietnam Service Medal with two bronze service stars, the
Republic of Vietnam Campaign Medal with Device 1960, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.






                                  ___Richard Dunbar_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006994                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |131.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]