MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          3 October 2002                    
	DOCKET NUMBER:  AR2002076113

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Walter T. Morrison 		Member	
	Mr. Charles Gainor		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:  Through counsel, reconsideration of his earlier appeal to correct his military records by showing he was awarded the Purple Heart (PH). 

APPLICANT STATES:  Through counsel, that newly uncovered evidence shows that the applicant was treated for an ear infection while on active duty.  However, it was later discovered that the ear infection was actually a broken eardrum.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case (AR2001066176) on 9 April 2002.

In support of the applicant's request, counsel submits a medical treatment record showing that the applicant was treated for an ear infection on 29 December 1971.  Counsel also submits Department of Veterans Affairs (DVA) medical records which show that, on 28 January 1972, the applicant reported having ruptured his eardrum in November 1972 (sic) when a landmine exploded.  Also submitted is a copy of the applicant's DVA rating decision, which shows that he was granted service connection for a perforation of his left tympanic membrane effective 29 January 1972.

The applicant’s contentions are new argument and evidence that require Board consideration.

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.  The proximity of the date the applicant was treated for a ruptured eardrum to the date he was released from active duty lends credibility to the applicant's claim that he ruptured his eardrum on active duty.  This is reinforced by the DVA's classification of the applicant's ruptured eardrum as service connected.
 
2.  However, there is no evidence to show how he broke his eardrum.  Even if it was by a landmine, there is no evidence to show that the landmine was not exploded accidentally.  Any wounds sustained from an explosion which was not the result of combat would not qualify for the PH.

3.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

___wtm___  ___inw__  ___cg___  DENY APPLICATION

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

INDEX

CASE ID	AR2002076113	
SUFFIX		
RECON		
DATE BOARDED	20021003	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.