MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:             26 August 1999                 
	DOCKET NUMBER:   AR1999016583

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms Shirley L. Powell. 		Chairperson	
	Mr. Samuel Calderon		Member	
	Ms. Barbara J. Ellis		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Reconsideration of a previous request for award of the Purple Heart.

APPLICANT STATES:  That in August 1967 while on patrol a mine exploded causing him temporary deafness and permanent injury to his ears.  He did not receive medical treatment, but believes his injury warrants the award of the Purple Heart.

In support of his request:  The applicant submitted a Standard Form 180, Request Pertaining To Military Records; DD Form 214; DD Form 215, Correction To DD Form 214, Certificate Of Release Or Discharge From Active Duty; Headquarters 1st Brigade, 101st Airborne Division General Orders Number 27, and eyewitness statement on VA Form 21- 4138, Statement In Support Of Claim.

EVIDENCE OF RECORD: The applicant's military records show: he entered service February 15, 1966; completed Infantry AIT May 3, 1966; was stationed at Fort Campbell Kentucky, August 8, 1966 - March 10, 1968 whereupon he was reassigned to Vietnam.  He served one year in Vietnam and was released from active duty on February 14, 1969.  

His awards include the Army Commendation Medal with “V” device, Good Conduct Medal, Vietnam Service Medal with 4 Bronze Service Stars, Republic of Vietnam Gallantry Cross with Palm, Unit Citation, Republic of Vietnam Civil Actions Honor Medal, Marksman Badge with Automatic Rifle Bar, Marksman Badge with Pistol Bar and Expert Badge with Rifle Bar.

The applicant’s military record contains a SF 89, Report of Medical History, dated January 15, 1969.  This form which was completed by the applicant indicates a “No” in section 20 which asks “Have you ever had or have you now, Ear, Nose or Throat Trouble, or “Hearing Loss”.  

The records contain a transcript of the March 11, 1988 Hearing Before Veterans Administration.  The transcript reflects the applicant was asked, “Did any other medic give you medical care for this condition?  The applicant replied “Yes. Not medical care, no.  I didn’t get any medical care.  I was told by another medic that I would be awarded the Purple Heart for what happened.”

A statement of an eyewitness submitted in support of the applicant’s request describes an injury to the appellant’s back that required medical treatment.

The applicant’s previous request for the Purple Heart was administratively denied on 8 June, 1988.

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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The evidence submitted contained several inconsistencies.  The appellant initially submitted a DD 149 requesting the Purple Heart for injury to his ears.  In the DD 149 there is no mention of other injuries.  In the transcript of the March 11, 1981, VA hearing the applicant in describing the same event states in addition to the ear injury he had blood coming from his right arm.  The eyewitness statement in describing the incident states it took place in September (the applicant states it took place in August), he states the injuries were caused by grenades (the applicant states his injuries were from a landmine), he states the applicant was treated by a medic (the applicant in his VA testimony states he did not receive medical treatment), and lastly the eyewitness states the applicant was bleeding from the lower back (the applicant states he was bleeding from his ears).  The records also contain a VA Form 21-6796, Rating Decision, dated March 18, 1981, that refers to shell fragments in the applicant’s hand.

2.  If all of the injuries noted in the records and statement are accepted, the applicant was bleeding from his ears, right arm, a hand, and the lower back.  However, there is no record of any medical treatment at the time of the incident nor of any follow-up treatment.  The applicant also did not list any of these injuries on future physicals.

3.  The applicant states he was seen by a medic, but not given medical care.  It appears the medic made a decision that the applicant’s injuries were minor and not requiring medical attention.

4.  It appears the shell fragments (if from an enemy weapon) should be the easiest to verify.  The applicant may want to have a doctor verify the shell fragments and their origin.

5.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

6.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__slp____  __sc____  _bje_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.