RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 September 2006
DOCKET NUMBER: AR20060000952
I certify that hereinafter is recorded the true and complete record
of the proceedings 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:
| |Mr. William F. Crain | |Chairperson |
| |Mr. Jeffrey C. Redmann | |Member |
| |Mr. David W. Tucker | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his earlier appeal for award
of the Purple Heart.
2. The applicant states that, while on a patrol with a combat unit, he
suffered a hearing loss and sustained a cut on his head as the result of
enemy fire. As a Criminal Investigation Division (CID) agent, he was
temporarily assigned to combat units to investigate the narcotics trade.
After being wounded, he was sent back to Long Binh and treated at [he
thinks it was] the 24th Evacuation Hospital. He identified individuals who
can, perhaps, substantiate his claim can be located.
3. The applicant provides his personal statement which identifies his unit
commander and others in his chain of command and a copy of page 6 of a
Department of Veteran Affairs (VA) evaluation that documents service
connection and rating criteria for his hearing loss.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20040011005, on 9 August 2005.
2. The applicant’s submissions are new evidence that warrants Board
reconsideration of his case.
3. The record of proceeding for the earlier case noted that he “was
trained as a military policeman but in January 1970 he was initially
assigned as a clerk typist with the 18th Military Police Brigade in
Vietnam. In April 1970 he assumed duties as a military policeman with the
179th Military Police Detachment.”
4. The portion of the VA rating decision that the applicant submitted
states, “…Service connection for hearing loss has been established as
directly related to military. An evaluation of 10 percent is assigned from
May 10, 2004, the date of claim. Service medical records were negative,
but you were a combat veteran having received the Combat Infantryman Badge
(CIB)…. “
5. Army Regulation 600-8-22 (Military Awards) 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.
6. Army Regulation 15-185 (Army Board for Correction of Military Records)
sets for the policy and procedures under which the Board operates.
Paragraph 2-2(a) states that the ABCMR will decide cases based on the
evidence of record. It is not an investigative body. The ABCMR may, in its
discretion, hold a hearing (sometimes referred to as an evidentiary hearing
or an administrative hearing in 10 USC 1034 and DODD 7050.6) or request
additional evidence or opinions.
DISCUSSION AND CONCLUSIONS:
1. Unfortunately, there is no evidence of record that the applicant was
treated for a wound that was sustained as the result of enemy action.
2. The VA’s decision that his hearing loss is service connected is not
sufficient as a basis for awarding the Purple Heart and the evidence on
which the VA based that decision is not available.
3. This Board is not an investigative body; it is the applicant’s
responsibility to provide evidence to substantiate his request.
4. 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 this requirement
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JCR___ __DWT _ __WFC _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR20040011005, dated 9 August 2005.
__ William F. Crain________
CHAIRPERSON
INDEX
|CASE ID |AR20060000952 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060921 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0+0 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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