| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Mr. Luther L. Santiful | Chairperson | ||
| Ms. Barbara J. Ellis | Member | ||
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: Reconsideration of his earlier appeal to correct his military records by adding the Purple Heart (PH) to his separation document
(DD Form 214).
APPLICANT STATES: In effect, that his original application to the Board was submitted by the local Department of Veterans Affairs (DVA) office representative, and it only referred to a cut he had received to his head. However, he claims that he also lost hearing in both ears and holes in his ear drums, for which he now has a 20 percent disability rating. He claims that this happened within the first month that he was assigned to Qui Nhon, Republic of Vietnam (RVN), and was caused by either a rocket or mortar round that blew his head back through a barracks wall. He states that the PH criteria says it is awarded for being wounded or killed while under enemy fire. He contends that the damage done to his ears and the trouble he has had with them since should qualify him for the PH. He states that he has had to live with his ears being rebuilt once on the left side and twice on the right. He asks that his case be reopened since the DVA representative did not include this information the first time his case was submitted.
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 (AR2002069652) on 25 June 2002.
In connection with the processing of this case, the Board staff again reviewed the RVN Casualty Roster, and found no indication that the applicant was ever reported as a casualty while serving in the RVN. An extensive review of the historical files of the unit in which the applicant served while in the RVN, that are maintained at the National Archives, produced no evidence showing that the applicant was ever wounded or injured in action while serving in the RVN. Finally, a review of his medical record provides no confirmation that he was ever treated by military medical personnel for a wound or injury he received in action against the enemy.
Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy. Paragraph 2-8 contains guidance on awarding the PH. It states, in pertinent part, that the PH is authorized to members who are wounded in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained in action. The wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded 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. The Board carefully considered the new argument presented by the applicant to support his claim of entitlement to the PH, but finds it does not provide an evidentiary basis to grant the requested relief. By regulation, in order to support awarding the PH there must be evidence to show that the member was wounded or injured in action, that the wound or injury on which the award is being based required treatment by a medical officer, and this medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record.
2. The evidence of record provides no indication that the applicant was ever wounded or injured in action. While the Board does not question the veracity of his claim of entitlement to the PH, it finds he has failed to provide sufficient evidence to satisfy the regulatory burden of proof necessary to support awarding the PH. Therefore, based solely on this lack of evidence, and in the interest of fairness to all those who served in the RVN and who faced similar circumstances, the Board is again compelled to deny the requested relief.
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. Thus, 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
__LLS__ __BJE___ __WDP__ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2002077214 |
| SUFFIX | |
| RECON | AR2002069652 |
| DATE BOARDED | 2002/12/17 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1971/06/11 |
| DISCHARGE AUTHORITY | 635-200 |
| DISCHARGE REASON | Student Early Release |
| BOARD DECISION | Deny |
| REVIEW AUTHORITY | |
| ISSUES 1. 61 | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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