APPLICANT REQUESTS:  That his DD Form 214, Report of Transfer or Discharge, be corrected to reflect that he was awarded the Purple Heart.  (He also requests that he be awarded the Army Commendation Medal with “V” device.  However, that award has already been issued to him by the US Army Reserve Personnel Center.)

APPLICANT STATES:  In effect, that he earned the two awards in question but they were not included on his DD Form 214 because of an administrative error.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army on 8 September 1960 for 3 years and on 4 August 1972 was honorably discharged in pay grade E-6 for physical disability.  He had completed 10 years, 1 month, and 4 days of active service.  Between the period 2 January 1966 and 5 December 1966 he served as a light weapons infantryman in Vietnam.

His significant awards include the Army Commendation Medal with V device, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Vietnam Gallantry Cross Unit Citation, and the Combat Infantryman Badge.

A review of the available records failed to show that he received any wounds or injuries during his service that were the result of action with hostile forces.  The record does show that while in Vietnam he was referred to the ear, nose and throat clinic for evaluation of loss of auditory acuity from exposure to heavy weapons firing.  The examining physician noted that the applicant manifested no clinical signs or behavior associated with a person who is truly having difficulty hearing.  His impression was a mild bilateral hearing loss limited to high frequencies.  The applicant was returned to full duty with the recommendation that he wear ear protection when firing weapons.

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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  There is no evidence in the available records to show that the applicant received wounds that were the result of hostile action with the enemy.

2.  In the opinion of the Board, the applicant’s hearing loss was incidental to his duties and does not satisfy the prerequisites for award of the Purple Heart.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		David R. Kinneer
		Executive Secretary