IN THE CASE OF:
BOARD DATE: 14 January 2010
DOCKET NUMBER: AR20090013435
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 earlier request for correction of his military records to show award of the Purple Heart for an injury received while in Panama.
2. The applicant states that he was in a defensive position on 23 December 1989 when enemy forces threw a fragmentation grenade into his perimeter. He immediately fell to the ground upon seeing the grenade but the concussion caught the right side of his head. He was evacuated to nearby Gorgas Army Community Hospital for treatment.
3. The applicant provides, in support of his application, two Standard Forms (SF) 600 (Chronological Record of Medical Care), dated in 1992 and 15 March 2007; two DA Forms 4700 (Medical Record-Supplemental Medical Data), dated
17 October 2002 and 15 March 2007; a Bio-logic Otoacoustic Emissions Report for the right and left ear, undated; a DD Form 2216E (Hearing Conservation Data), dated 15 September 2008; a Department of Veterans Affairs (VA) deferred Rating Decision, dated 2 May 2003; a Family Hearing Care Report, dated
18 January 2006; a VA Form 21-4142 (Authorization and Consent to Release Information), dated 25 July 2009; and two DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 16 March 1980 and
30 April 1995.
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 AR20080017793, on 31 March 2009.
2. The documents from the applicant's service medical records are new evidence that were not previously considered by the Board which now warrants the Board's consideration.
3. In the original Report of Proceedings, the Board denied the applicant's request for award of the Purple Heart due to a lack of evidence showing that the applicant had received any wounds as a result of enemy action or that he had received any medical treatment for such wounds.
4. An SF 600, dated in 1992, provided by the applicant, states that he was exposed to acoustic trauma while in Panama.
5. A DA Form 4700, dated 17 October 2002, provided by the applicant, states in the Comments/Report section, that he sustained a head trauma from a grenade blast on his right side in Panama in 1989.
6. An SF 600, dated 15 March 2007, provided by the applicant, states in the Reported History section, that he was exposed to acoustic trauma to his right side from a grenade while in Panama.
7. The VA Deferred Rating Decision, dated 2 May 2003, provided by the applicant, states that he was exposed to acoustic trauma while in Panama.
8. The Family Hearing Care Report, dated 18 January 2006, provided by the applicant, states in the General History section, that his hearing loss existed since 1992 and it was due to an injury that occurred from a grenade blast concussion in 1989. The diagnostic section of this report further states that the applicant had reported acoustic trauma from a grenade blast and from scuba diving training.
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.
While a physical lesion is not required, the wound for which the award is made must have required treatment by medical personnel and a record of the medical treatment for the wound must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he sustained a concussion injury when an enemy grenade exploded in 1989 while he was in Panama and he should be awarded the Purple Heart.
2. There is no available medical evidence showing that he was treated for a concussion injury while in Panama in 1989. The medical evidence provided by the applicant, dated several years after he contends he was injured, contains references to his being injured by a grenade while in Panama. However, these references appear to have been the result of oral histories provided by the applicant during examinations subsequent to his return to the United States. As such, they do not meet the regulatory requirement for award of the Purple Heart.
3. In view of the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ __X____ ___X____ 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 AR20080017793, dated 31 March 2009.
__________X___________
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) AR20090013435
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