IN THE CASE OF:
BOARD DATE: 13 May 2008
DOCKET NUMBER: AR20080002358
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of the previous decision of the Army Board for Correction of Military Records (ABCMR) to deny him award of a second Purple Heart
2. The applicant reiterates he lost hearing in his left ear while in Vietnam on/about 21 January 1970.
3. The applicant provides:
a. A letter to the ABCMR, dated 24 January 2008.
b. A copy of an SF 89 (Report of Medical History), dated 28 June 1971.
c. A copy of Page 5 of a Department of Veterans Affairs (DVA) Rating Decision awarding service connection on 8 March 2007 for left ear hearing loss.
d. A copy of a hearing test result, dated 20 April 2007.
e. A copy of a warranty for a hearing aid for his left ear.
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 AR20070008445, on 10 January 2008.
2. The evidence presented by the applicant is considered new evidence not been previously considered by the Board. It, therefore, requires reconsideration by the Board.
3. In preparation for his separation from active duty, the applicant underwent a physical examination. As part of that examination, he was required to complete an SF 89 on which he provided a statement, in his own words, concerning his health. He stated, "[My health is] Good, but under weight. Have shrapnel wound (April 30, 70) Top left side of head. Left ear partly deaf, from concusion [sic] 21 Jan 70." He also checked that he had frequent or severe headaches, dizziness or fainting spells, eye trouble, running ears, hearing loss, severe tooth or gum trouble, history of head injury, high or low blood pressure, and nervous trouble of any sort.
4. In 2007, the DVA rated the applicant at zero percent for service-connected hearing loss.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required treatment by medical personnel; and (3) the medical treatment was made a matter of official record.
6. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided for award of the Purple Heart (PH). It stated that Soldiers who were treated and returned to their units within 24 hours of being wounded would be awarded the Purple Heart by their unit of assignment. For wounded Soldiers requiring hospitalization in excess of 24 hours or medical evacuation from Vietnam, the authority to award the Purple Heart was delegated to hospital commanders.
DISCUSSION AND CONCLUSIONS:
1. As provided in the applicant's original Record of Proceedings, there is no documentation in his service medical records pertaining to a hearing injury
incurred on 21 January 1970; there are no orders awarding the applicant a Purple Heart for a hearing injury on 21 January 1970; and his name appears on the Vietnam Casualty List as having been wounded only on 26 April 1970.
2. The SF 89 which the applicant provided as part of his new evidence of a hearing injury warranting the Purple Heart is a self-stated Report of Medical History. As such, it is not verified by military medical personnel, but is merely a recounting of various physical complaints. This document is not sufficient evidence to base award of the Purple Heart.
3. The DVA awarded service-connection for hearing loss, but rated that loss as non-compensable. While the applicant has a documented hearing loss, it cannot be said the loss is related to a specific incident which occurred on 21 January 1970. Hearing loss is cumulative over time and could result from any number of issues.
4. The applicant served our nation with distinction during the Vietnam War; he was awarded a Purple Heart, the Bronze Star Medal, the Valorous Unit Award, and the Combat Infantryman Badge, among his many awards and decorations. The applicant and all others concerned should know that this action concerning a second award of the Purple Heart in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __xxx___ 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 AR20070008445, dated 10 January 2008.
XXX
_______________________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080002358
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ABCMR Record of Proceedings (cont) AR20080002358
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