IN THE CASE OF:
BOARD DATE: 15 May 2014
DOCKET NUMBER: AR20130016156
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 award of the Purple Heart for a concussion injury caused by an enemy-generated explosion in the Republic of Vietnam.
2. The applicant states in late March or early April of 1969 his right ear drum was ruptured by an enemy B-40 rocket exploding near the bunker he was in during an attack on his position in a popular force outpost. Being the commander of his district advisory team, he shrugged it off and lived with it until it got infected some time later. When stationed at Fort Meade, MD an Army doctor immediately sent him to an ear, nose, throat (ENT) specialist at Walter Reed Army Medical Center. A team of specialists operated on him by taking a graft from his right arm and grafting it as an eardrum.
3. The applicant provides:
* Report of Medical Examination, dated 18 February 1972
* Report of Medical History, dated 18 February 1972
* an excerpt from Army Regulation 600-8-22 (Military Awards)
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. He previously served 5 years and 26 days of active service in the Regular Army in an enlisted status. On 10 February 1967, he was commissioned a second lieutenant in the U.S. Army Reserve and entered extended active duty.
3. He was assigned to the U.S. Military Assistance Command in the Republic of Vietnam from 18 January 1969 to 1 January 1970.
4. Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not show he was awarded the Purple Heart.
5. On 3 April 1972, he was released from active duty. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show he was awarded the Purple Heart.
6. His service medical records were not available for review.
7. Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.
8. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
9. According to the Report of Medical Examination and Report of Medical History provided by the applicant, he had a tympanic membrane graft (right ear) due to a perforated tympanic membrane in April 1965 and December 1971 at Fort Hood, TX, and Walter Reed Army Medical Center. However, there are no entries indicating that his perforated ear drum was the result of hostile action.
10. Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who while serving under competent authority in any capacity with one of the U.S. Armed Services had been wounded, killed, or who had died as a result of 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 medical records submitted by the applicant do show he suffered a perforated ear drum. However, the records state the first graft was performed in April 1965, 2 years prior to him going to Vietnam. A second graft was performed in December 1971. There is no evidence to show his perforated ear drum was the result of an enemy explosion.
2. In the absence of evidence showing he was wounded as a result of hostile action, the wound required treatment by medical personnel, and the treatment was made a matter of official record, there is an insufficient evidentiary basis for awarding 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 for correction of the records of the individual concerned.
_____________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) AR20130016156
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130016156
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060006994C070205
There is no evidence of record which shows the applicant was promoted to specialist five/pay grade E-5 prior to his discharge on 17 February 1972. Although the applicant provided documentation which stated that he was qualified and recommended for promotion to E-5, there are no promotion orders or other evidence of record which shows he was promoted to specialist five/pay grade E-5 prior to his separation on 17 February 1972. The applicant’s service in Vietnam and participation in two...
ARMY | BCMR | CY2011 | 20110002451
A review of the applicant's military personnel record failed to reveal any evidence he was authorized or awarded the Purple Heart. The applicant contends his medical record should be corrected to delete the reference to "old injury" and he should be awarded the Purple Heart because he was wounded while serving in the RVN when he sustained a perforated tympanic membrane of his right ear from a loud explosion. There is no evidence of record, and the applicant provides insufficient evidence,...
ARMY | BCMR | CY2010 | 20100015181
The applicant provides the following documents in support of his application: * DA Form 8-275-3 (Clinical Record Cover Sheet) * DA Form 3349 (Medical Condition Physical Profile) * DA Form 137 (Installation Clearance Record) * General orders and certificate for the Army Commendation Medal * Certificate and citation for award of the Bronze Star Medal CONSIDERATION OF EVIDENCE: 1. His service record does not contain any orders which show he was awarded the Purple Heart. As a result, the...
ARMY | BCMR | CY2005 | 20050016808C070206
During its original review of the case, the Board found no evidence of record showing that the applicant was ever wounded in action, or treated for a combat related wound or injury by military medical personnel. However, by regulation in order to support award of the PH there must be evidence confirming that the wound for which the award is being made was received as a result of enemy action. Item 40 of his DA Form 20 is blank, which indicates he was never wounded in action while serving...
ARMY | BCMR | CY2006 | AR20060010670C071029
The applicant states that he has records showing that he was medically evacuated out of the field with a perforated ear drum when he was an infantryman. The applicant was honorably released from active duty (REFRAD) on 15 November 1968, under the provisions of Army Regulation 635-200, chapter 2, at the expiration of his term of service, He was transferred to the United States Army Reserve Control Group (Annual Training). Army Regulation 600-8-22 (Military Awards) provides, in pertinent...
ARMY | BCMR | CY2014 | 20140019067
In the original consideration of his case that occurred on 24 February 2000, the applicant submitted a medical statement indicating he had sustained an ear injury in October 1968 and in July 1999, officials from the Army's Personnel Command informed him that he was not authorized an award of the Purple Heart because his injury was considered accidental. Creditable witness statements indicate he received injuries from an enemy act (being blown off an APC due to a landmine explosion). As a...
ARMY | BCMR | CY2010 | 20100009663
The applicant's DA 20 (Enlisted Qualification Record) provides the following: a. he was promoted to specialist five (SP5)/E-5 on 16 July 1968; b. he served in Panama from 15 March 1968 through 30 September 1968; c. he served in Vietnam from 8 November 1968 through 15 September 1969; d. he received "excellent" conduct and efficiency ratings throughout his service; e. he qualified as an expert with the .45 caliber pistol, as a sharpshooter with the M-14 rifle, and as marksman with the M-16...
ARMY | BCMR | CY2002 | 2002081051C070215
The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal.
ARMY | BCMR | CY2013 | 20130011848
On 15 April 2013, his request was denied based on the medical documentation provided by the applicant that indicated his follow up examination for subjective hearing loss and tympanic membrane perforation following exposure to an IED attack was normal and without limitations. The fact that the applicant sustained a perforated eardrum while serving in Iraq is not disputed; however, the evidence provided by the applicant shows that on 1 December 2005, he sought treatment for ear pain and that...
ARMY | BCMR | CY2009 | 20090004623
The second page of a DD Form 2844 (Medical Record - Post-Deployment Medical Assessment) shows the applicant had retained shrapnel in his left hand. 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. The applicant's service medical records show that the applicant received treatment for a right tympanic...