IN THE CASE OF:	  

	BOARD DATE:	  15 July 2008

	DOCKET NUMBER:  AR20080007127 


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 his request for award of the Purple Heart due to injuries sustained in combat in Vietnam.

2.  The applicant states, in effect, that after reading the Board’s findings, he believes the decision should be reconsidered.  He goes on to state that while he did authenticate his DD Form 214 with his signature, he was unaware that he could receive a Purple Heart for an injury caused in combat that did not cause a lesion. He further states that while he did have ear problems in childhood, he was exposed to loud noises and a 106mm recoilless rifle, not a 106mm mortar as entered by the battalion surgeon, and he experienced some pain and occasional ringing of the ears.  He also states that his eardrums were not perforated by those noises but by an enemy mine detonation on 8 October 1965.  He continues by stating that he had two punctured eardrums and a significant loss of hearing when he was examined by the battalion surgeon on 14 October 1965 and was sent to Clark Air Force Base for further examination and treatment.  Eventually, most of his hearing returned and his eardrums healed enough to return to his unit.  He goes on to state that if he had punctured eardrums and a significant loss of hearing prior to 8 October 1965, he could not have commanded his unit and would have sought medical attention.  He asserts that he did experience a combat injury, which was documented by medical personnel that also did not realize it qualified for a Purple Heart without a physical lesion.  He closes by stating that he knows all he has said to be true and that he is entitled to be awarded the Purple Heart for his injuries.  

3.  The applicant provides a two-page explanation of his request and a copy of the previous Board’s proceedings with all of the previous documents submitted and considered by the Board. 

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 AR20060009947, on 6 February 2007.

2.  The applicant was commissioned as a United States Army Reserve (USAR) infantry second lieutenant on 21 December 1963 and was ordered to active duty on 28 January 1964.  He completed his Infantry Officer Basic Course and airborne training at Fort Benning, Georgia and was transferred to Fort Riley, Kansas for assignment to Company B, 1st Battalion, 18th Infantry Regiment on 17 May 1964.   

3.  On 25 June 1965, he was transferred to Vietnam with his unit and served as an infantry platoon leader.  He was promoted to the rank of first lieutenant on 28 July 1965 and was awarded the Combat Infantryman Badge (CIB) on 1 September 1965.  

4.  The medical evidence submitted by the applicant shows that on 14 October 1965 the battalion surgeon referred him for consultation with a "history of ear pain and repeated infections since childhood.  Recently since coming to damp climate has had more problems with ear pain.”  However, the examiner indicated that the applicant reported "the onset of deafness in the right ear approximately two months ago after a mission in which he was exposed to a loud noise from the 106mm mortar.  Progressively worse with middle ear pain."  The applicant received follow-up treatment on 2 and 13 November 1965.  The examiner indicated that the applicant was treated for chronic otitis and his impression was the applicant suffered from an allergic condition of the canal walls.   
  
5.  The applicant departed Vietnam on 20 January 1966 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 29 January 1966 due to the expiration of his active duty commitment.  He had served 2 years and 2 days of total active service, of which 6 months and 26 days were spent in Vietnam and he was transferred to the USAR Control Group (Annual Training).  Item 27 of his DD Form 214 issued at the time of his REFRAD indicates that he had no wounds received as a result of action with enemy forces.

6.  A review of the applicant’s official records, the Vietnam Casualty Listing and unit historical files of the 1st Battalion, 18th Infantry Regiment archived at the National Archives in College Park, Maryland failed to show any evidence that the applicant was wounded or injured as a result of enemy action.

7.  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.  This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was injured in action against the enemy in Vietnam on 8 October 1965 is not in doubt, the applicant has failed to show through the evidence submitted and the available evidence of record that his injury was documented as being a result of enemy action.  

2.  It is also noted that at the time that the applicant was treated for the injuries to his ears, the attending physician noted that the applicant had been exposed to loud noises and the firing of 106mm mortars, which was actually a 106mm recoilless rifle.  There was no mention of an enemy land mine recorded at that time, which suggests that the applicant may not have mentioned the incident at the time.  

3.  While it is understood that medical personnel are responsible for making such notes in medical records, such information is normally given by the patient at the time of treatment.  In this case, there appears to be no mention of enemy action being the causative reason for his injury.

4.  Therefore, in the absence of information to confirm his claim that he was injured as a result of enemy action on 8 October 1965, there appears to be no basis to award him the Purple Heart.

5.  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

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 AR20060009947, dated 6 February 2007.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.





      ___        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)                                         AR20080007127





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ABCMR Record of Proceedings (cont)                                         AR20080007127



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