MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          17 December 2002
	DOCKET NUMBER:  AR2002077214

	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. Joseph A. Adriance 		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Ms. Barbara J. Ellis		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  military records by adding the Purple Heart (PH) to his separation document 
(DD Form 214).

APPLICANT STATES:  In effect, that his original application to the Board was submitted by the local Department of Veterans Affairs (DVA) office representative, and it only referred to a cut he had received to his head.  However, he claims that he also lost hearing in both ears and holes in his ear drums, for which he now has a 20 percent disability rating.  He claims that this happened within the first month that he was assigned to Qui Nhon, Republic of Vietnam (RVN), and was caused by either a rocket or mortar round that blew his head back through a barracks wall.  He states that the PH criteria says it is awarded for being wounded or killed while under enemy fire.  He contends that the damage done to his ears and the trouble he has had with them since should qualify him for the PH.  He states that he has had to live with his ears being rebuilt once on the left side and twice on the right. He asks that his case be reopened since the DVA representative did not include this information the first time his case was submitted.  

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case (AR2002069652) on 25 June 2002.  

In connection with the processing of this case, the Board staff again reviewed the RVN Casualty Roster, and found no indication that the applicant was ever reported as a casualty while serving in the RVN.  An extensive review of the historical files of the unit in which the applicant served while in the RVN, that are maintained at the National Archives, produced no evidence showing that the applicant was ever wounded or injured in action while serving in the RVN.  Finally, a review of his medical record provides no confirmation that he was ever treated by military medical personnel for a wound or injury he received in action against the enemy.  

Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy.  Paragraph 2-8 contains guidance on awarding the PH.  It states, in pertinent part, that the PH is authorized to members who are wounded in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained in action.  The wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded 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 carefully considered the new argument presented by the applicant to support his claim of entitlement to the PH, but finds it does not provide an evidentiary basis to grant the requested relief.  By regulation, in order to support awarding the PH there must be evidence to show that the member was wounded or injured in action, that the wound or injury on which the award is being based required treatment by a medical officer, and this medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record.  

2.  The evidence of record provides no indication that the applicant was ever wounded or injured in action.  While the Board does not question the veracity of his claim of entitlement to the PH, it finds he has failed to provide sufficient evidence to satisfy the regulatory burden of proof necessary to support awarding the PH.  Therefore, based solely on this lack of evidence, and in the interest of fairness to all those who served in the RVN and who faced similar circumstances, the Board is again compelled to deny the requested relief.  

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.  Thus, 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

__LLS__  __BJE___  __WDP__  DENY APPLICATION

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

INDEX

CASE ID	AR2002077214	
SUFFIX		
RECON	AR2002069652	
DATE BOARDED	2002/12/17	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1971/06/11	
DISCHARGE AUTHORITY	635-200	
DISCHARGE REASON	Student Early Release 	
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.		
3.		
4.		
5.		
6.