RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 April 2007
      DOCKET NUMBER:  AR20060014045


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 for wounds received in
Vietnam on or about 6 January 1967.

2.  The applicant states, in a letter to his Senator, that he was in
Operation Cedar Falls from 5 to 20 January 1967.  This operation was the
first time the Army used bulldozers as a weapon.  Their job was to clear
the jungle back from the roads 100 yards or more on each side.  In the
process of clearing the jungle, they set off a lot of anti-personnel mines,
as many as 23 in one hour.  He was the only one to hit and set off a land
mine that was large enough to blow off five feet of the cutting edge and
five feet of the metal tack plates and push the mull board into the
radiator, putting the tractor out of commission.  Fortunately, the blade of
the bulldozer deflected the blast forward, possibly saving his life or
saving him from serious injury.

3.  The applicant states, in his letter to his Senator, that the sound of
the explosion was bad enough that he could not hear for hours afterwards
and the ringing in his ears never did go away.  He was awarded the Bronze
Star Medal for his involvement in Operation Cedar Falls.  With all honesty,
he cannot remember if he had bleeding from his ears or not, it was too long
ago.  He knows he was not checked out by a doctor or medic.  They were on a
combat operation and it was not serious enough to warrant evacuation.

4.  The applicant states that, from reading the [news]paper[s] and blogs
posted by servicemen about what has been going on in the Middle East,
Soldiers are being awarded the Purple Heart for the same [hearing]
condition [he incurred] from improvised explosive devices (IEDs), mortar
rounds, and rocket-propelled grenades.

5.  The applicant provides a “Soldier Stories” article from the website
arnews@hqda.army.mil; his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge; a VA Form 3288 (Request for and Consent to
Release of Information from Individual’s Records); the Daily Staff Journal
or Duty Officer’s Log from S-3 (Operations), 168th Engineer Combat
Battalion; four letters of support (dated 3 June 1996, 7 April 2003, 8
April 2003, and one undated); a Headquarters, 168th Engineer Combat
Battalion Operational Report for the quarterly period ending 30 April 1967;
and Bronze Star Medal orders and citation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 August 1967.  The application submitted in this case
is undated but was received on 4 October 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 in the Regular Army on 2 November 1964.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 62E (Construction Machine
Operator).

4.  The applicant arrived in Vietnam and was assigned to Company B, 168th
Engineer Combat Battalion on 2 September 1966.

5.  Headquarters, 1st Infantry Division General Orders Number 1619, dated
   15 March 1967, awarded the applicant the Bronze Star Medal for
meritorious achievement for the period 5 to 20 January 1967.

6.  The applicant provided a Headquarters, 168th Engineer Combat Battalion
Operational Report for the quarterly period ending 30 April 1967 that shows
the battalion participated in Operation Cedar Falls, during which operation
the unit was responsible for jungle clearing, road repair, mine sweeping,
tunnel destruction, and other combat engineer tasks, during the period 5
through         28 January 1967.

7.  The applicant departed Vietnam on 26 August 1967 after being credited
with participation in two campaigns.

8.  The applicant was honorably released from active duty on 29 August
1967.  His DD Form 214 shows he was awarded the National Defense Service
Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal,
the Bronze Star Medal, and the Sharpshooter Marksmanship Qualification
Badge with rifle bar.

9.  The applicant provided a “Soldier Stories” article from the website
arnews@hqda.army.mil.  This article stated in part, “While serving as a
gunner on a routine combat patrol around Baghdad, an IED detonated near the
vehicle [Sergeant T__] was riding.  The blast blew off T___’s safety
glasses and earplugs, and hit with enough power to force open his
individual body armor…E___ said, ’His hearing was gone and he was
yelling…and find the terrorists.’…Before receiving medical attention, T___
sought reassurance about the safety of other Soldiers on the patrol…For his
actions, T___ was recently awarded the Purple Heart…”

10.  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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

11.  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 168th Engineer Combat Battalion, it was cited
for award of the Valorous Unit Award for the period 5 January through 15
July 1967 by Department of the Army General Orders (DAGO) Number 1 dated
1969.

12.  Department of the Army Pamphlet also shows that, at the time of the
applicant’s assignment to the 168th Engineer Combat Battalion, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 3 August 1967 through 9 February 1970 by DAGO
Number 43 dated 1970.

13.  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.

14.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B.  This
regulation states authorized bronze service stars will be worn on the
appropriate campaign or service medal including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Eligibility criteria for award of the Purple Heart includes in part
that there be substantiating evidence to verify that the wound required
treatment by a medical officer and the medical treatment must have been
made a matter of official record.

2.  The applicant provided a “Soldier Stories” article from the website
arnews@hqda.army.mil.  It appears he is using this article to support his
contention that Soldiers currently serving in the Middle East are being
awarded the Purple Heart for injuries similar to the one he received.
However, this article appears to show the Soldier described in the article
received medical attention.

3.  The blast that seems to have caused the applicant’s hearing problems is
indeed unfortunate.  However, as he noted he was not checked out by a
doctor or medic.  Regrettably, it appears therefore that he is not eligible
for award of the Purple Heart.

4.  The applicant was assigned to a unit during a period of time that unit
was awarded the Valorous Unit Award and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.  Later, all units in Vietnam
were awarded Republic of Vietnam Gallantry Cross with Palm Unit Citation.
These unit awards should be added to the applicant’s DD Form 214.

5.  The applicant was credited with participation in two campaigns and is
therefore eligible to wear two bronze service stars on his already-awarded
Vietnam Service Medal.

6.   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.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 August 1967; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         28 August 1970.  The applicant did not file
within the 3-year statute of limitations; however, it would be appropriate
to waive failure to timely file based on the fact there is no statute of
limitations for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jev___  __phm___  __gjp___  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 DD Form 214 of the
individual concerned to add the Valorous Unit Award, the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation, and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he
is eligible to wear two bronze service stars on his already-awarded Vietnam
Service Medal.




                                  __James E. Vick_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014045                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070424                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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