IN THE CASE OF:
BOARD DATE: 12 August 2008
DOCKET NUMBER: AR20080009482
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 that he be awarded the Purple Heart.
2. The applicant states that his hearing was permanently damaged in a concussion injury that perforated his eardrums. His eardrums then became infected causing him to have permanent hearing loss.
3. The applicant provides his separation document (WD AGO Form 53-55), his Honorable Discharge Certificate, a certificate showing the applicant was recommended to be sent to Walter Reed Army Hospital for treatment for his hearing difficulty, and a certificate showing that the applicant served in a combat zone from 1 November to 31 December 1950.
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 applicants military records show that he enlisted and entered active duty on 4 January 1944. The applicant was awarded the military occupational specialty of administrative noncommissioned officer, was promoted to 1st sergeant, served in the Asiatic Pacific Theater of operations, and was honorably released from active duty on 24 August 1946.
3. He reentered active duty on 18 September 1950. While serving in Korea, on 22 December 1950 the applicant was hospitalized for otitis media. The applicant claimed combat pay for the period he was hospitalized for otitis media, and that claim was denied as his hospitalization was not the direct result of enemy action.
4. The applicant immediately reenlisted in the Regular Army on 29 August 1952.
5. The applicant was medically boarded for deafness, mixed type, bilateral, total, left ear, cause undetermined and right ear, secondary to otitis media and mastoidectomy.
6. The applicant was determined to be 100 percent disabled due to deafness and was honorably released from active duty on 31 May 1955 and placed on the Retired List the following day.
7. Army Regulation 600-8-22 provides that the Purple Heart is awarded for wounds 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.
8. A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape. Searches of these files show that the applicant was treated for otitis media, suppurative, chronic. The SGO Files codes the applicants condition as 100% Non-Battle.
9. Otitis media is an inflammation or infection of the middle ear. Inflammation or infection of the middle ear occurs when the eustachian tube to that ear is blocked.
DISCUSSION AND CONCLUSIONS:
1. Unfortunately, there is no evidence to corroborate the applicants contention that a concussion caused the perforation of his eardrum.
2. Without evidence to show that the perforation of his eardrum was the result of hostile action, there is insufficient evidence in which to grant the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ____X__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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.
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