MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 October 2000                  
	DOCKET NUMBER:   AR2000041204

	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. Carl W. S. Chun		Director	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. William D. Powers		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 his earlier appeal to correct his records by awarding him the Purple Heart.

APPLICANT STATES:  In effect, that he suffered a perforated ear drum in March 1968 as the result of enemy action.  He submits copies of service and Department of Veteran Affairs (VA) medical records to substantiate his case. 

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a Memorandum of Consideration (MOC) prepared to reflect the Board's previous consideration of the case 
(AC86-8881) on 9 September 1987).  On that occasion the Board found that there was no evidence to show that it was in the interest of justice to grant the requested relief or to excuse the failure to timely file.

The applicant’s submissions are new evidence that warrants Board consideration.

The applicant submits: 
•	A copy of July 1968 Standard Form 600 Chronological Record of Medical Care showing he sought treatment for dizziness.
•	A 30 August 1968 consultation sheet that states Injury to “Rt ear in March explosionappears to have small perforation remaining in Rt T.M.”
•	A copy of 30 August 1968 T3 physical profile for bilateral high frequency hearing loss.  
•	VA records that show he was examined for tympanic membrane perforations in 1978 and 1984.

The applicant’s service and service medical records also show:
•	The report of the applicant’s 11 August 1967 induction physical examination notes “Both TMs scarred.”
•	He received medical attention for a sore throat on 5 December 1967.
•	He arrived in Vietnam on 8 January 1968.
•	The applicant next sought medical attention on 20 March 1968 for stomach pain.
•	The only other record of medical treatment during March 1968 was for an upper respiratory infection on 30 March 1968. 
•	In February and May 1969 he sought medical attention for ear drainage and difficulty hearing.  No mention was made of any injury from an explosion.

In 1985 the applicant reported to the VA that he had been knocked unconscious and sustained a head injury in an explosion on 15 March 1968.  The VA noted that during his 1969 separation physical examination and a subsequent July 1970 physical examination the applicant had denied periods of unconsciousness. 

An 8 January 1992 letter from the applicant and the Colorado Chapter of the Disabled American Veterans to the Commander, Army Reserve Personnel Center relates that the applicant sustained bilateral ear damage from a rocket explosion on 30 August 1968.

Army Regulation 600-8-22 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 Board notes the applicant’s submissions, especially the 30 August 1968 consultation sheet.  Unfortunately, there is no available evidence to show that the applicant received medical treatment for a wound sustained as the result of enemy action or while he was in action against the enemy.

2.  Prior to reaching a determination that it was not in the interest of justice to excuse the failure to timely file, the Board looks at an entire file.  The Board considers the statute of limitations only after all other aspects have been considered and it has been concluded that there is no basis to recommend a correction of the records.  When the Board determines that an error or injustice exists, it routinely recommends relief in spite of a failure to submit the application within the 3-year time limit.  Although the decisional document may not state that the Board considered the merits of the case, the display of the pertinent details of the applicant’s period of service and the circumstances of the case tends to show that it did.  The Board does not deny applications simply because they were not submitted within 3 years.

3.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

4.  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

__AAO__  __MMD__  __WDP__  DENY APPLICATION

	Carl W. S. Chun
    Director, Army Board for Correction 
	of Military Records

INDEX

CASE ID	AR2000041204	
SUFFIX		
RECON		
DATE BOARDED	20001026	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.