RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 November 2006
      DOCKET NUMBER:  AR20060003094


      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             |
|     |Ms. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |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 award of the Purple Heart.

2.  The applicant states that his command refused to file the paperwork for
the Purple Heart.  A member of the Fort Carson Criminal Investigation
Division recommended that he file a request with the Board.  On 15 October
2003, his Bradley Fighting Vehicle was struck by a roadside bomb outside of
Al Ryadh, Iraq.  When they got back to their field operations base, he was
checked out by one of the line medics.  He advised the medic that he was
having a hard time hearing out of his left ear and that it would not stop
ringing.  The medic advised him that it was due to exposure to the loud
explosion and that it would go away in a couple of days.  After a week, he
went back to the aid station and got checked out by the battalion physician
assistant.  He was given some medication to take because it was thought he
was coming down with an ear infection due to the blast weakening his ear
drum.

3.  The applicant also states that he was given 4 weeks worth of
medications and advised to return if the ringing was still present when he
finished the medication.  He returned to the aid station after the 4 weeks
and this time was checked out by the battalion surgeon.  After examining
him, the surgeon advised him that the explosion had damaged his left ear
and that the ringing was being caused by tinnitus brought on by his
exposure to the explosion from the roadside bomb.  The surgeon completed a
DD Form 5181R (Screening Note of Acute Medical Care) and noted that his
command should file the paperwork for a Purple Heart.  When his command saw
that they laughed and advised him that they were not going to do anything
about it.  From his understanding, hearing loss brought on by exposure to
an enemy attack is grounds for a Purple Heart.  He does not understand why
his command would not help him with this.  He hopes that he provided enough
information and evidence to grant his request.

4.  The applicant provides copies of his DD Form 5181R, his Medical Record
Supplemental Medical Data form, his Chronological Record of Medical Care
Forms, his DD Form 2216E (Hearing Conservation Data), and his Bio-Logic
Evoked Potential Report, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the United States
Army Reserve (USAR), in pay grade E-1, on 12 December 2000.  He entered on
active duty on 24 May 2001.

2.  The applicant submits a Chronological Record of Medical Care, dated
19 October 2001, which shows he was referred for a hearing conservation
disposition due to low-frequency hearing loss.

3.  The applicant also submits a DA Form 5181R, dated 27 November 2003,
which shows he was treated for ringing in his left ear while serving in
Iraq.  The form indicated that he had been involved with an IED (improvised
explosive device) incident on 15 October 2003.  He was prescribed
medication for the ringing in his left ear and an infection.  The comment
section includes the annotations for an audiology evaluation before
redeployment and paperwork for the Purple Heart.

4.  The applicant further submits a Medical Record Supplemental Medical
Data form, dated 17 March 2004, which shows the results of his audiological
evaluation.

5.  The applicant also submits a Chronological Record of Medical Care,
dated 8 March 2004, which shows he was referred for a hearing conservation
disposition due to asymmetrical hearing loss.  A DD Form 2216E indicates
that he underwent an audiogram on 8 March 2004.  He also submits a Bio-
Logic Evoked Potential Report, dated 15 April 2004, which shows he received
a bio-logic report.

6.  The applicant's records do not show his dates of service in Iraq.

7.  The applicant was released from active duty on 30 August 2004 and
transferred to a USAR troop program unit.  The DD Form 214 (Certificate of
Release or Discharge from Active Duty), Item 13 (Decorations, Medals,
Badges, Citations, and Campaign Ribbon Awarded or Authorized), lists the
following awards:  the National Defense Service Medal, the Global War on
Terrorism Service Medal, the Armed Forces Expeditionary Medal, the Army
Service Ribbon, and the Combat Infantryman Badge.  The Purple Heart is not
included in this list of authorized awards.

8.  There are no orders in the applicant’s service personnel records that
show he was awarded the Purple Heart.  There is also no evidence in his
records that he was wounded or treated for wounds as a result of hostile
action and the treatment was made a matter of official record.

9.  The applicant was issued a DD Form 215 (Correction to DD Form 214)
correcting Item 13 to list the following awards:  the Army Commendation
Medal (2nd Award) and the Army Achievement Medal (2nd Award).

10.  A staff member of the Casualty Operations Division, Human Resources
Command, Alexandria, Virginia, verified that no casualty report was made
for a roadside bomb incident on 15 October 2003 in the area outside of Al
Ryadh, Iraq.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound sustained while in
action against an enemy or 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, and the medical
treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the Purple Heart and the
supporting evidence provided were carefully considered.  However, by
regulation, in order to support award of the Purple Heart, there must be
evidence confirming that the wound for which the award is being made was
received as a direct result of, or was caused by enemy action, that the
wound was treated by medical personnel, and a record of this treatment must
have been made a matter of official record.

2.  The applicant's claim that he sustained some hearing loss and ringing
in his ears during an explosion while serving in Iraq is not in question.
 However, given he was referred for an evaluation for hearing loss in
2001 and received medical treatment in 2003 for the ringing in his left
ear, as evidenced by the medical treatment records he provided, it must
be presumed that military medical officials and the responsible members
of his chain of command did not believe the alleged injury in question
was related to hostile action by the enemy, or that the circumstances
under which his hearing was affected supported award of the Purple Heart.


3.  The evidence of record contains no orders, or other documents
confirming that the applicant's alleged injury was caused by his
participation in direct or indirect combat operations, that he received
treatment by a medical officer, and that a record of medical treatment for
wounds or injuries received in action was made a matter of official record
at the time.  The evidence does not show he was ever recommended for or
awarded the Purple Heart by proper authority.  Further, the Purple Heart is
not included in the list of authorized awards contained on his DD Form 214
or his DD Form 215.  Therefore, absent corroborating evidence confirming
the applicant's account of how he received his alleged injury
(eyewitness accounts, chain of command supporting letters, etc.), the
regulatory burden of proof necessary to support award of the Purple Heart
has not been satisfied in this case.
4.  In view of the foregoing, there is no basis for granting the
applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JCR __  _DWT___  _RWS___  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 for correction of the
records of the individual concerned.




                                  ____Jeffrey C. Redmann______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003094                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061116                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.15                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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