| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Charles Gainor | Member |
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
| 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. |
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