RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 February 2007
DOCKET NUMBER: AR20060010752
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. Jeffrey C. Redmann | |Chairperson |
| |Mr. David K. Haasenritter | |Member |
| |Mr. Ronald D. Gant | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that he be awarded the Purple Heart.
2. The applicant states he suffered an ear injury (concussion, shattered
eardrum, slight bleeding) when his heavy radio truck was destroyed in
Soissons in 1944/1945. He suffered little pain with hearing loss. [It]
was not reported to a distant field hospital.
3. The applicant provides copies of five photographs.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 14 February 1946. The application submitted in this case
is dated 17 July 2006.
2. Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice. This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant was inducted into the Army on 22 April 1943 and entered
active duty on 29 April 1943. He arrived in the European Theater of
Operations on 12 November 1944 and departed the theater on 17 July
1945. He arrived in the Western Pacific Theater of Operations on 23 August
1945. He departed that theater on 15 January 1946. He separated on 14
February 1946.
4. The applicant’s WD AGO Form 38 (Report of Physical Examination of
Enlisted Personnel Prior to Discharge, Release from Active Duty or
Retirement) indicated he had mild perceptive-type deafness in his left ear.
5. The applicant completed an officer appointments physical examination in
July 1950. His examination indicated he was receiving Veterans
Administration compensation for a partial hearing loss as a result of a
blast injury.
6. 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. A wound is defined as an injury to any part of the body
from an outside force or agent. A physical lesion is not required;
however, the wound for which the award is made must have required treatment
by a medical officer and records of medical treatment for wounds or
injuries received in action must have been made a matter of official
record.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s contention and the evidence of record have been
carefully considered.
2. It appears the applicant suffered some type of injury that caused a
partial hearing loss. However, there is no evidence of record to show he
was treated for the injury at the time. In addition, there is insufficient
evidence to show, and the applicant does not provide a clear explanation
of, how the injury was incurred.
3. Regrettably, there is insufficient evidence that would warrant award of
the Purple Heart.
4. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 February 1946; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 1 January 1950 (3 years after the Board was
established on 2 January 1947). Although the applicant did not file within
the 3-year statute of limitations, it is appropriate to waive failure to
timely file based on the fact there is no statute of limitations on
requests for award of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__jcr___ __dkh___ __rdg___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented does not demonstrate the
existence of a probable error or injustice. Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.
__Jeffrey C. Redmann__
CHAIRPERSON
INDEX
|CASE ID |AR20060010752 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070208 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |107.0015 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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