IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100024677 


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 award of the Purple Heart.

2.  He states he would like reconsideration for award of a Purple Heart due to a ruptured ear drum he sustained in combat in Vietnam.

3.  He provides medical documents, an article from the Army Times, and his audiological evaluation.  

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 AR20090013463 on 7 January 2010.

2.  The applicant provides medical documentation and an audiological evaluation as new evidence that will be considered by the Board.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) – he served in Vietnam from 21 March 1969 to 14 March 1970
* item 38 (Record of Assignments) – no indication he was hospitalized in a patient status at any time
* item 40 (Wounds) – no entries
* item 41 (Awards and Decorations) – no entry for the Purple Heart

4.  His Standard Form 600 (Chronological Record of Medical Care) shows he was treated at the 3rd Field Hospital Ear, Nose, and Throat Clinic in Saigon, Vietnam.  This document shows he had swelling in his external auditory canal.

5.  His service record doesn't contain any orders which show he was awarded the Purple Heart or medical documentation which shows he was wounded as a result of hostile action in Vietnam.  The Vietnam casualty roster doesn't list his name.

6.  Item 22 of his Standard Form 88 (Report of Medical Examination), dated 5 May 1972, shows his ears were evaluated as normal.  In item 71 (Audiometer) of this form, he measured at "5" in both ears at 500, 1000, and 2000 hertz (Hz).  He measured at "50" in his right ear and "60" in his left ear at 4000 Hz.  He noted in item 73 (Notes) that he was in "good health."  The examining physician determined he was qualified for separation.  The physical profile wasn't indicated.

7.  He was released from active duty on 27 July 1972.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 July 1972 doesn't show award of the Purple Heart.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for the Purple Heart pertaining to the applicant.

9.  On 12 June 2003, he underwent an audiological evaluation which revealed normal hearing through 2000 Hz.  He had hearing loss in his right and left ears at a higher frequency.

10.  He completed an Audiology Clinic Case History Form on 27 July 2008 and indicated he:

* had hearing loss in both ears which started in 1969 and hearing was poorer in his right ear
* suffered hearing loss after an ammunition dump exploded while he was in Vietnam
* was exposed to prolonged or very loud noise of artillery mortars in Vietnam during 1968 and 1972
* had ringing in both of his ears
11.  He also had an audiological evaluation on 30 July 2008 which revealed normal hearing through 2000 Hz and hearing loss at a higher frequency.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  This regulation states that when contemplating award of the Purple Heart, the key issue that commanders must take into consideration is the degree in which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not the sole justification for award.  It further states that injuries or wounds which clearly do not justify award of the Purple Heart include accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service record does not contain orders which authorized him award of the Purple Heart and his name is not listed on the Vietnam casualty roster.  His service medical documents show he was treated on 5 July 1969 in Vietnam for swelling in his right external ear canal.  However, this evidence doesn't indicate he received wounds as a result of hostile action.

2.  His audiological evaluations were performed after his tenure on active duty and show he tested normal in both ears through 2000 Hz and had hearing loss at a higher frequency.  However, the evidence of record does not confirm his hearing loss was caused by enemy action.  In the absence of any corroborating evidence of record which shows he was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090013463, dated 7 January 2010.



      __________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)                                         AR20100024677



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ABCMR Record of Proceedings (cont)                                         AR20100024677



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