RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 May 2007
DOCKET NUMBER: AR20060013323
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. Gerard W. Schwartz
Acting Director
Mr. Paul Wright
Analyst
The following members, a quorum, were present:
Ms. Yolanda Maldonado
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Gerald J. Purcell
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 the award of the Purple Heart.
2. The applicant states that, while on convoy security duty in Iraq on 11 April 2004, an Improvised Explosive Device (IED) exploded rupturing an ear drum and causing hearing loss in both of his ears.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a copy of Orders 80-04, dated 21 March 2006 published by the Pennsylvania Army National Guard awarding him the Combat Action Badge; an undated and unsigned statement describing the IED attack and the names of the members of the convoy; a DA Form 600 (Chronological Record of Medical Care) dated 13 May 2004; page 2 of DD Form 2808 (Report of Medical Examination) with audiogram dated 28 January 2005 attached; and a copy of his Department of Veterans Affairs medical/progress notes. Additionally, the applicant's application was submitted by his Member of Congress. Attached to that letter is a privacy act statement and further explanation of his injury. In this statement he indicates his Commander would not recommend him for the Purple Heart.
CONSIDERATION OF EVIDENCE:
1. The applicant has been a long-standing member of the Pennsylvania Army National Guard (PAARNG) with one break in service from 1993 to 1997.
2. On 18 December 2003, the applicant was ordered to Active Duty in support of Operation Iraqi Freedom in accordance with (IAW) United States Code, Title 10, Section 12302. His DD Form 214 shows he served in Iraq from 11 February 2004 to 25 January 2005.
3. On 24 February 2005, the applicant was honorably released from Active Duty and transferred to a unit in Nanticoke, PA. He was subsequently honorably discharged from the PAARNG and transferred to the Retired Reserves on 20 April 2005.
4. 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.
5. The applicant's name does not appear in the Defense Casualty Information Processing System (DCIPS).
6. The applicant's medical records (SF 600), dated 13 May 2004, states he was in Balad, Iraq on 11 April 2004 when an IED exploded approximately 10-15 meters away from him. It states he was in the right rear (passenger side) seat. He was seen by medical personnel and documentation was filled out. He indicates he noted a decrease in his hearing approximately 48 hours ago. The SF 600 indicates a possible hearing loss. The applicant was advised to clean his ears and was given ear plugs. His hearing was within mission capability limits.
7. On 28 January 2005, page 2 of a DD Form 2808 completed in Iraq indicates a moderate-severe to severe hearing loss with an H-3 profile. The audiologist recommended further evaluation and testing upon his return home possibly at the VA (Veterans Affairs).
8. Progress Notes printed on 2 August 2006 indicate a bilateral moderately-severe to severe high frequency sensorineural hearing loss. The veteran uses amplification provided by the VA which aid in his communication. Hearing loss alone would not make the veteran unemployable.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the Purple Heart for his hearing loss; however, there is no definitive proof the IED explosion alone caused the hearing loss. The applicant has not provided any documentation of his hearing level prior to his deployment to Iraq to compare with his tests done at Fort Dix upon return to the United States. The applicant indicates a ruptured ear drum, but the documentation he provides does not support this statement.
2. The applicant indicates in his statement to his Member of Congress that his own Commander would not recommend him for the award of the Purple Heart. The Board has to assume the Commander had additional information that the hearing loss was not as a direct result of hostile fire action.
3. Additionally, the applicant's name does not appear on the DCIPS.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__ym____ __lmd___ __gjp___ 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.
Yolanda Maldonado
______________________
CHAIRPERSON
INDEX
CASE ID
AR20060013323
SUFFIX
RECON
DATE BOARDED
20070515
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(DENY)
REVIEW AUTHORITY
ISSUES 1.
107.0015
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6.
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