PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           17 JULY 2003                   
	DOCKET NUMBER:   AR2003089136

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

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. John T. Meixell		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests reconsideration of his previous application to correct his military records by granting him two awards of the Purple Heart.

3.  The applicant provides his medical records.  

4.  The Memorandum of Consideration (MOC) of the Board’s 31 July 2001 review of the case (AR2001052684) is incorporated herein by reference as if wholly set forth.  Incorporated herein by reference is the 11 February 2002 letter to the applicant requesting a copy of his complete military medical records and VA medical records and benefit decisions related to his wounds.  The letter also requested that the witness statement that he provided be notarized.

5.  The applicant’s submission of his complete medical records do show that the health record page showing entries of 16 May 1969 and 24 June 1969, pertain to him, and is new evidence that requires Board consideration.

6.  The applicant served in Vietnam with the 299th Engineer Battalion from January to September 1969, and from September 1969 until his return to the United States in January 1970, with the 15th Engineer Company.  He participated in four campaigns during his tour in Vietnam.  The 299th was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross Unit Citation with Palm for its actions during the period the applicant was assigned to that organization.   

7.  The two pertinent entries contained in the applicant's medical records show that he was treated at the battalion aid station on 16 May 1999 because of tinnitus (bilateral) and headache as a result of proximity to an incoming 122mm round explosion; and treated on 24 June 1969 because of a back injury suffered when he jumped from a truck.  Both those entries are from the applicant's medical records.

8.  In a 6 December 1997 statement a former comrade corroborated the applicant's statement that he suffered a concussion from a blast from a 122mm rocket.    

9.  Military medical records subsequent to May 1999 show that he had a hearing loss in his left ear, and that he was evaluated and received treatment for his condition.

10.  Army Regulation 600-8-22 provides 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, and the medical treatment must have been made a matter of official record.  An example of an enemy-related injury which clearly justifies award of the Purple Heart are concussion injuries caused as a result of enemy generated explosions.
CONCLUSIONS:

1.  The applicant's medical records show that he suffered an injury to his ears as a result of an explosion from a 122mm rocket on 16 May 1969.  In all probability the rocket was fired by the enemy.  The applicant is entitled to award of the Purple Heart.   

2.  The applicant is also entitled to award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Vietnam Service Medal with four bronze service stars (one for each campaign).   

3.  Notwithstanding the 24 June 1968 entry in his medical records showing that he injured his back while jumping from a truck, the applicant has not provided any evidence to show that the injury was enemy related.  There is insufficient evidence to grant his request for a second award of the Purple Heart.

4.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would rectify an injustice.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Vietnam Service Medal with four bronze service stars 

2.  That so much of the application as in excess of the foregoing be denied.

BOARD VOTE:

__JHL___  ___RKS_  __JTM    _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2003089136	
SUFFIX		
RECON		
DATE BOARDED	20030717	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.