IN THE CASE OF:
BOARD DATE: 13 August 2008
DOCKET NUMBER: AR20080005527
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Purple Heart for his hearing loss suffered during World War II.
2. The applicant states that he suffered hearing loss as a result of V2 rocket explosions during World War II. His hearing was not questioned during his physical examination at the time of his discharge.
3. The applicant provides copies of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55), a Certificate from the City of Antwerp, and his Department of Veterans Affairs (VA) Rating Decision dated 11 January 2007.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicants WD AGO Form 53-55 shows:
a. that on 5 January 1944, the applicant was inducted into the Army of the United States. He deployed to the European Theater of Operations on
11 August 1944 and returned to the United States on 15 May 1946;
b. that his military occupational specialty was 141 (Marine Oiler);
c. that he served in the Rhineland Campaign;
d. that his awards include the Good Conduct Medal, European-African-Middle Eastern Service Medal, and the World War II Victory Medal; and
e. that he did not receive any wounds as a result of enemy action.
4. The applicant has provided a certificate dated 4 September 1945, stating that "The people of The City of Antwerp: To all to whom these presents shall come, greetings. This certificate is awarded to [applicants name and military unit] in appreciation of, and as a token of gratitude for his work in the Port of Antwerp during the one hundred seventy five days of continuous enemy air and
V.-weapon attacks between October 7 1944 and March 30, 1945."
5. On 11 January 2007, the VA rendered a rating decision granting the applicant service connection for a bilateral hearing loss rated at 30 percent, and for tinnitus rated at 10 percent. The applicants service medical records were not available and were not used as a basis for the VA rating decision. The VA concluded that the applicant suffered acoustic trauma based on his work in diesel and steam engine [rooms] aboard ships.
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. 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 AND CONCLUSIONS:
1. There is no available evidence showing that the applicants hearing loss was the direct result of enemy action or that he was provided any medical treatment for this injury. Furthermore, the VA based their decision to grant service connection for his hearing loss on his military occupation as a marine oiler.
2. In view of the above, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__________ _ X _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080005527
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