RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 March 2007
      DOCKET NUMBER:  AR20060010670


      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      |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. Jerome Pionk                  |     |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 that he has records showing that he was medically
evacuated out of the field with a perforated ear drum when he was an
infantryman.  He states that his injury was caused by an explosion that
killed two other people and injured another person.  He states that he was
placed on a physical profile as a result of his injury, and that he needs
the Purple Heart for his Post Traumatic Stress Disorder recovery because he
earned it.

3.  The applicant provides in support of his application, copies of a
Medical Condition Physical Profile Record and a Clinical Record Cover Sheet
dated 8 March 1968.

CONSIDERATION OF EVIDENCE:

1.  On 16 November 1966, the applicant was inducted into the Army in
Oakland, California and he successfully completed his training as a light
weapons infantryman.

2.  In May 1967, he was transferred to Vietnam.  His records indicate that
while he was in Vietnam he participated in four campaigns: Vietnam
Counteroffensive Phase II; Vietnam Counteroffensive Phase III; TET
Counteroffensive; and Vietnam Counteroffensive Phase IV.

3.  The applicant's Medical Condition Physical Profile Record indicates
that he was assigned to Company D, 1st Battalion, 14th infantry, 4 Infantry
Division in Vietnam, when he was medically evacuated to the 85th Evacuation
Hospital.  He was diagnosed as having otitis media, left ear, with left
tympanic membrane perforation.  Neither the Medical Condition Physical
Profile Record nor the Clinical Record Cover Sheet shows the direct cause
of his condition; however, his condition improved with treatment and he was
placed on temporary restricted duty.

4.  He returned to the Continental United States in May 1968.

5.  The applicant was honorably released from active duty (REFRAD) on
15 November 1968, under the provisions of Army Regulation 635-200, chapter
2, at the expiration of his term of service,  He was transferred to the
United States Army Reserve Control Group (Annual Training).  The Report of
Transfer or Discharge (DD Form 214) that he was furnished at the time of
his REFRAD shows that he was awarded the Combat Infantryman Badge, the
National Defense Service Medal, the Vietnam Service Medal, the Republic of
Vietnam Campaign Medal with Device 1960, one Overseas Service Bar, and the
Marksman Marksmanship Qualification Badge (Rifle M-16).

6.  A review of the available records and the Vietnam Casualty Roster fails
to show that the applicant was wounded/injured as a result of hostile
action by enemy forces.

7.  The applicant reentered the Army on 18 August 1981.  He completed 8
years and 5 months of net active service this period, prior to being
discharged under the provisions of Army Regulation 635-200, chapter 14, due
to misconduct.  The DD Form 214 that he was furnished at the time of his
discharge included all of the awards that he received during his prior
period of service, except the Marksman Marksmanship Qualification Badge,
and it included the Expert Marksmanship Qualification Badge (Rifle M-16),
the Drivers Badge, the Overseas Service Ribbon, the Army Service Ribbon,
the Noncommissioned Officer Professional Development Ribbon, the Army
Achievement Medal, the Army Commendation Medal, the Army Good Conduct Medal
(3rd Award), and the Army Achievement Medal (1st Oak Leaf Cluster).

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

9.  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 show the unit to which the applicant was
assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 20 July 1965 to 28 March 1973 by Department of the
Army General Orders 8, dated 1974.

10.  Army Regulation 600-8-22 (Military Awards), 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.




DISCUSSION AND CONCLUSIONS:

1.  A review of the available records fails to substantiate the applicant's
contention that he is entitlement to the Purple Heart.  The documentation
that he submitted in support of his application has been noted.  However,
the documentation does not specify the cause of his otitis media, left ear,
with left tympanic membrane perforation, and the Vietnam Casualty Roster
fails to list him as being wounded/injured as a result of hostile action by
enemy forces.

2.  Nonetheless, the applicant served in four campaigns while he was in
Vietnam. He is therefore entitled to award of four bronze service stars to
be affixed to his already-awarded Vietnam Service Medal to denote his
campaign participation credit and to have these awards added to his DD Form
214.

3.  The applicant served in a unit, which was awarded the Republic of
Vietnam Gallantry Cross, with Palm Unit Citation he is entitled to this
unit award and to it added to his DD Form 214.

4.  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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WP__  ___PS  __  ___JP  __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 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 by:

      a.)  deleting the Vietnam Service Medal from the applicant's DD Form
214; and

      b.)  awarding the applicant the Vietnam Service Medal with four
bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, and adding these awards to his DD Form 214.




                                  _____ William Powers_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010670                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070313                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  61                  |107.0015/PURPLE HEART                   |
|3.  140                 |107.0094/RVGC W/PALM UNIT CITATION      |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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