RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2006
      DOCKET NUMBER:  AR20060009353


      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. Edmund P. Mercanti            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 on 7 September 2003 while performing guard
duty in a tower in Iraq, his position came under attack.  In that attack a
mortar round landed about 40 to 50 feet from his position, and then a
rocket propelled grenade (RPG) landed about 20 feet from his position.  As
a result of those explosions, he felt dizzy and his balance was off.  He
received medical treatment the following day and was told that his right
ear had hemorrhaged causing bleeding, which resulted in his being evacuated
to Germany for treatment.

3.  The applicant adds that he asked to be awarded the Purple Heart but was
told that since the blast didn’t cause a permanent loss of hearing, he
wasn’t entitled to the award.

3.  The applicant provides:

      a.  a memorandum from a Clinical Psychologist at Headquarters, Dwight
David Eisenhower Army Medical Center, Fort Gordon, Georgia, dated
29 September 2003 which shows the applicant was diagnosed with Post-
Traumatic Stress Disorder (PTSD) and damage to his right ear.

      b.  a statement from a sergeant who says he was the tactical
operations center noncommissioned officer in charge when the applicant’s
guard post came under attack.  He confirms the applicant was present in the
guard tower which received mortar and RPG fire, that the mortar and RPG
rounds landed in close proximity to the guard tower, and that the applicant
was diagnosed the following day with hearing loss which resulted in his
evacuation for medical treatment.

      c.  a statement from a specialist who was in the guard tower with the
applicant who confirms that the guard tower came under mortar and RPG fire,
that the applicant sought medical treatment the following day, and that he
was evacuated for medical treatment.

      d.  an individual sick slip dated 9 September 2003 which shows the
applicant was sent on sick call by his first sergeant for “Loss of hearing
in right ear due to mortar attack while in Tower #2 on 7 Sep 03.  Ear still
ringing, strong headaches, loss of balance.”  The treating physician wrote
“Blast induced hearing loss and vertigo.  Medivac.”

      e.  a DA Form 2173, Statement of Medical Examination and Duty Status,
which shows that the applicant sustained an inner ear injury to the right
ear as a result of a mortar explosion on 7 September 2003 when the
applicant was on guard duty in Tower #2.

      f.  numerous treatment records showing that the applicant was treated
for blast induced damage to his right ear.

CONSIDERATION OF EVIDENCE:

1.  After having had prior service in the Regular Army and the U. S. Army
Reserve (USAR) from November 1978 through September 1985, the applicant
enlisted in the USAR again on 25 February 2000.

2.  On orders dated 5 February 2003, the applicant's unit, the 196th
Transportation Company, was ordered to active duty with a report date of
10 February 2003.

3.  On orders dated 26 March 2003, the applicant's unit was ordered to
Kuwait effective on or about 4 April 2003.

4.  On 9 September 2003, the applicant was treated for loss of hearing in
the right ear due to a mortar attack on 7 September 2003.

5.  A DA Form 2173 dated 19 September 2003 shows the applicant sustained an
injury to his right ear as the result of a mortar explosion on September
2003.  He complained of bleeding from the inner ear, loss of hearing, loss
of balance, and headaches.  The injury was determined to have been incurred
in line of duty.

6.  The applicant was medically evacuated to Germany on an unknown date.
Orders dated 25 September 2003 assigned the applicant to Fort Stewart,
Georgia for further medical care.

7.  On 19 July 2004, an informal physical evaluation board (PEB) found the
applicant unfit for retention due to PTSD and chronic right knee pain,
status post partial medial meniscectomy.

8.  On 26 August 2004, the applicant was discharged by reason of physical
unfitness with severance pay.

9.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for
wounds 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.

DISCUSSION AND CONCLUSIONS:

1.  There is overwhelming evidence to show that the applicant suffered
blast damage to his inner ear as a result of enemy mortar and RPG blasts
while he was on guard duty in Iraq.

2.  The applicant was treated for his inner ear wound and that treatment
was made a matter of record.

3.  As such, the applicant is entitled to the award of the Purple Heart for
wounds incurred on 7 September 2003.

4.  The applicant has also asked for reconsideration of the Board’s denial
of his request to correct his records to show that he was placed on the
Retired List for physical unfitness, which will be considered under a
different docket number in another Record of Proceedings.

BOARD VOTE:

___bje___  ___dll___  ____jev__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing award of the Purple Heart for wounds incurred on 7 September 2003.



                                  ________James E. Vick_________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060009353                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060719                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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