IN THE CASE OF:	  

		BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100009354 


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, through his member of Congress, reconsideration for award of the Purple Heart.

2.  The applicant states, in effect, that during an enemy artillery fire attack, which struck the building he was in, he suffered a hearing loss.  He contends he served in combat and he was seriously injured.

3.  The applicant provides a copy of the following:

* Department of Veterans Affairs (VA) personal hearing proceedings
* two personal witness statements, both dated 28 April 1953
* a photocopy of a photograph of "himself"
* his WD AGO Form 53-55 (Enlisted Record and Report of Separation), for the period ending 23 October 1945
* his Honorable Discharge Certificate, dated 23 October 1945

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090004882, on 18 June 2009. 


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 applicant’s WD AGO Form 53-55 shows he was inducted into the Army of the United States and he entered active service on 28 May 1942.  After the completion of training, he was assigned to Headquarters Battery, 441st Antiaircraft Artillery (Automatic Weapons) Battalion.

4.  His WD AGO Form 53-55 also shows he departed the United States on 8 June 1943 and arrived in Africa (European-African-Middle Eastern (EAME) Theater of Operations) on 22 June 1943.  He departed the EAME theater on 10 October 1945 and he arrived back in the United States on 18 October 1945.  He completed 1 year and 15 days of continental service and 2 years, 4 months, and 11 days of foreign service.  He was honorably discharged on 23 October 1945 by reason of demobilization.

5.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows he participated in the Sicily, Naples-Foggia, Rome-Arno, Southern France, Rhineland, and Central Europe campaigns during World War II.

6.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal with bronze arrowhead, Army Good Conduct Medal, Distinguished Unit Badge, and the French Croix de Guerre with Palm (Fourragere) [French unit citation].

7.  Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55 contains the entry "None."

8.  The applicant provides a copy of his VA personal hearing proceedings.  In these proceedings, he states, in effect, he was in a dairy barn, in the prone position when the explosion occurred.  Prior to the explosion he had no ringing in his ears.  When asked how long the hearing loss lasted, he claimed it was about 3 to 4 hours.  He also received treatment for malaria and during that period, he claims to have informed doctors about the ringing in his ears; however, he was given no treatment for his ears.  He was also asked why he did not file his claim for his ears soon after his discharge.  He claimed he took the advice of the 
medical officers that nothing could be done and the ringing would eventually go away.  Also noted in these proceedings is his 29 months of service with the artillery in which he frequently used heavy guns.
9.  The applicant also provided two personal witness statements.  One witness concluded, in effect, that during the Anzio Campaign, the applicant and he were hit by artillery gun fire from the enemy while in a dairy barn.  They were thrown to the floor and after getting up from the floor, he had to literally yell in order for the applicant to hear him.  A few hours later, the enemy fire ceased and the applicant sought medical treatment.  He was told by medical officers that nothing could be done to cure him and his deafness would eventually go away.  He noticed that during the entire duration of the European Campaign, the applicant was hard of hearing.

10.  The other witness stated, in effect, that while in a dairy barn, the applicant and he were thrown to the floor when an enemy artillery shell made a direct hit.  Several enemy artillery shells landed within 30 yards of him and the applicant.  He noticed that another buddy had to yell for the applicant to get up off of the floor.  This was the first time he noticed that the applicant was hard of hearing.  After the enemy fire quieted down, he and the applicant went to the medical officer to seek treatment for his hearing loss.  He claims the medical officer told the applicant that his hearing would be back to normal in no time.  He also stated that he could not treat him or cure him.  From that time on through the rest of the European war, he was hard of hearing.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the Purple Heart for an injury to his ear was carefully considered.  However, it is not supported by the evidence provided. 

2.  Contained within the copy of his VA personal hearing proceedings is evidence he served in the artillery field for 29 months and the use of heavy guns was frequent.   Also, no evidence exists for medical treatment received for this 
injury which is verified in both of the witness statements and in the VA proceedings.  One of the three requirements for award of the Purple Heart is that the Soldier must have received medical treatment for the injury or wounds sustained and it must be made a matter of official record.  Therefore, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient basis for awarding the Purple Heart to the applicant.

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 to amend the decision of the ABCMR set forth in Docket Number AR20090004882, dated 18 June 2009.



      __________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)                                         AR20100009354



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ABCMR Record of Proceedings (cont)                                         AR20100009354



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