DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. ogos6-09
8 June 2010
This ig in reference to your request for further consideration
of your application for correction of your naval record to show
that you sustained a ruptured eardrum in combat in 1966, and
your related request that you be awarded the Purple Heart for
that injury.
- R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 June 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Boarg. Documentary material considered by the Board consisted
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
after careful and conscientious consideration of the entire
record, the Board found that rhe evidence submitted was
error or injustice.
Your receipt of disability ratings from the Department of
veterans Affairs for tinnitus (10%) and hearing loss (0%) does
not establish that you sustained a significant aural injury
while serving in combat in 1966. The statements of your former
commanding officer and a former member of your platoon were
carefully considered, but found insufficient to establish that
you were knocked unconscious and sustained damage to your ears
and hearing as @ result of a mortar blast, as neither was an
eyewitness to your alleged wounding. There is no evidence in
your naval heaith record that you sustained a wound or injury in
combat that required treatment by a medical officer. Such
treatment is one of the major criteria for the award of the
Purple Heart. The Board questioned the accuracy of your
contention that you were knocked unconscious by the mortar
blast, as you completed a report of medical history on 9
December 1970 in which you denied having a history of
unconsciousness, concussion, ear trouble, and head injury.
In view of the foregoing, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN FER
Executive ctor
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