IN THE CASE OF:
BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120002812
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 an earlier request for award of the Purple Heart.
2. The applicant states his left ear drum was perforated during an enemy mortar attack in Vietnam in September 1969.
3. The applicant provides:
* medical records
* personal statement from a fellow Soldier at the time in question
* two letters from the Disabled American Veterans, dated 30 November 2011
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 AR20110005378, on 20 September 2011.
2. The applicant provided numerous medical records, dated between 1981 and 1987, which show he was treated for ear and hearing problems.
3. The applicant provided a statement, dated 4 December 2011, from a former comrade-in-arms who states he remembers the mortar attack, the applicant's injury, and his ear drum problems.
4. The documentation provided by the applicant is new evidence that will be considered by the Board.
5. Having prior service in the Regular and Reserve components of the U.S. Navy, the applicant enlisted in the Regular Army on 16 August 1963. He completed his training and was awarded military occupational specialty 61C (Marine Engineer). On 12 June 1969, he was honorably discharged to accept an appointment as a warrant officer in the Army.
6. On 13 June 1969, he was appointed as a warrant officer one and entered active duty. He served as a marine engineer in Vietnam from 30 July 1969 to 28 July 1970. On 31 October 1981, he retired in the rank of chief warrant officer three.
7. His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 1981 does not show the Purple Heart as an authorized award.
8. His name is not listed on the Vietnam casualty roster.
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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 by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant states his left ear drum was perforated during an enemy mortar attack in Vietnam in September 1969.
2. Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards. The Purple Heart requires:
* a wound the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records
3. The medical records, dated between 1981 and 1987, and provided by the applicant do not show his ear problems were the result of hostile action in Vietnam.
4. There is no evidence in the available record that shows he was wounded as a result of hostile action in Vietnam. In the absence of corroborating evidence showing he was injured and treated for wounds as a result of hostile action in Vietnam the statement the applicant provided from a fellow Soldier was not sufficient as a basis for awarding the Purple Heart. Regrettably, there is insufficient evidence on 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 that the overall merits of this case
are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110005378, dated 20 September 2011.
___________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) AR20120002812
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ABCMR Record of Proceedings (cont) AR20120002812
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