MEMORANDUM OF CONSIDERATION   

	IN THE CASE OF:     

	BOARD DATE:           14 November 2002                   
	DOCKET NUMBER:   AR2002076042

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be awarded the Purple Heart (PH).

APPLICANT STATES:  While serving in Vietnam, his communication team was being transported back from a combat mission in a cargo plane.  When the plane came under enemy fire, the pilot took evasive action, including a rapid descent.  His ears popped and began to hurt during the descent, and he was later diagnosed as having ruptured his eardrums due to acoustic trauma.  As a result of that diagnosis, he was given four days of convalescent leave, then was evaluated again.  He was then transferred to another medical facility for surgical evaluation.  He was told at that time that his eardrums had already scarred over and surgery wouldn't help him.  Since that time, he has suffered from constant severe ringing in his ears, ear pain, frequent headaches, hearing loss and difficulty sleeping.

In support of his request he submits selected items taken from his health records.  These include his separation physical examination, which shows he had a scarred eardrum, and chronological treatment records, which show that he was initially medically examined for a complaint of an earache on 8 July 1967.  The applicant was initially diagnosed as having a "small rupture" in the center of his eardrum.  

The chronological treatment records follow the applicant's ear treatment by showing that on 18 July 1967, the applicant was examined at the Eyes, Nose and Throat Clinic.  That examination revealed that the applicant's eardrum was intact.  However, he had both internal and external ear infections, and had hearing loss due to acoustic trauma.

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

He enlisted in the Regular Army on 10 September 1959, was promoted to pay grade E-3, and immediately reenlisted on 16 November 1962.

He served in Korea from 18 December 1962 to 17 January 1964, then in Germany from 18 February 1964 to 9 February 1966.  He served in Vietnam from 17 December 1966 to 1 August 1968.

The applicant's Enlisted Qualification Record, Item 40, Wounds, does not have any entries.

The applicant was honorably released from active duty on 3 August 1968 due to having insufficient time remaining on his enlistment to warrant assigning him to a new unit after his tour in Vietnam.  His awards include the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal with 3 bronze service stars.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

Army Pamphlet 672-3 (Unit Citation and Campaign Register) provides that that all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 are authorized the Republic of Vietnam Gallantry Cross Unit Citation with Palm Unit Citation.  This pamphlet also shows that during the time the applicant was assigned in Vietnam, his unit was awarded the Meritorious Unit Commendation. 

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

1.  The medical records submitted by the applicant show that he had an ear infection, not a ruptured eardrum.  As such, there is no evidence of a traumatic injury to his ear.

2.  Without evidence of a traumatic injury to the applicant's ear that was a result of hostile action, there is no basis on which to award him the Purple Heart.

3.  The applicant is, however, entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation.  However, adding these awards is an administrative action that will be accomplished by the Army Review Boards Agency Support Division, St. Louis.

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.

NOTE:  The Army Review Boards Agency, St. Louis, Missouri, will be requested to award the applicant the Republic of Vietnam Gallantry Cross Unit Citation with Palm Unit Citation and the Meritorious Unit Commendation Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___aao__  ___rks_  _  ___jpi___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002076042	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021114	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.