IN THE CASE OF:	  

		BOARD DATE:	  19 May 2011

		DOCKET NUMBER:  AR20100026632 


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 reconsideration of his previous request for award of the Purple Heart for wounds sustained at the La Belle discotheque bombing in Berlin, Germany, in 1986.

2.  He states, in effect, he is providing additional medical evidence to support his request.

3.  He provides:

* his United States of America Movement Orders
* a DA Form 1811 (Physical Data and Aptitude Test Scores Upon Release from Active Duty)
* an Army Europe (AE) Form 89T (U.S. Army, Europe, and Seventh Army – Registration Certificate - Privately Owned Vehicles)
* a U.S. Army Community and Family Support Center, Alexandria, VA, vacancy announcement for a club manager position
* November 2008 and July and August 2010 Radiology Reports
* five Progress Notes (August to October 2010)
* letters to the Department of Veterans Affairs (VA) and Department of Justice
* three letters from the VA

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 AR20100011887, on 4 November 2010.

3.  The applicant provided copies of his Radiology Reports, Progress Notes, and letters to the VA and Department of Justice and from the VA.  These documents are new evidence that warrants consideration by the Board.

4.  His military record shows he enlisted in the Regular Army on 29 July 1972 in pay grade E-1.  During his service he was awarded military occupational specialties 95B (Military Policeman), 00E (Recruiter), and 00J (Club Manager).

5.  He served during the following overseas tours:

* Korea from 19 January 1973 through 26 January 1974
* Germany from 5 April 1981 through 10 February 1983
* Korea from 19 September 1984 through 18 September 1985
* Germany from 16 October 1985 through 10 September 1986

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he served as the Assistant Noncommissioned Officer/Enlisted Member Branch Manager in Berlin, Germany from 17 October 1985 to
10 September 1986.

7.  There is no evidence in the applicant's military record that shows he was present or one the more than 40 Americans injured during a bombing at the La Belle discotheque in 1986.

8.  His service medical record is not available for review.

9.  A Medical Examination for Separation Statement of Option, dated 24 September 1987, signed by the applicant, shows he did not desire a separation medical examination.

10.  He was honorably discharged on 24 September 1987 in pay grade E-6, at the expiration of his term of service.  He completed 9 years, 4 months, and
27 days of active service this period, for a total of 15 years, 1 month, and 29 days of creditable active service.  

11.  Item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Purple Heart.

12.  He provided a DA Form 1811, dated 24 September 1987, wherein he stated there had been a change in his physical condition since his separation with continued pain, discomfort, stiffness in knees, numbness limited, and range of motion in right arm and hand, as a result of injury in the La Belle discotheque bombing in Berlin in April 1986.

13.  He also provided copies of three Radiology Reports, dated 13 November 2008, 30 July, and 11 August 2010.  The reports pertain to x-rays of his knees and chest.  The findings were a fracture of the inferior pole of the patella and increase in the density within the prepatellar soft tissue.  The femur and proximal tibia showed no acute fracture.  The patella was slightly elevated.

14.  He further provided copies of five Progress Notes.  The assessment, dated 5 October 2010, stated his problems started in 1986 when he was injured at the bombing at LaBelle Discotheque in Berlin.  His friends and associates were injured and one died during the bombing.  Since then he had started to have anxiety attacks, nightmares, hypervigiliance, depression, was hyperexcitable and overreactive to any loud noise, and had been emotionally reactive with crying episodes and withdrawal from people.  During the bombing incident, he sustained a left patellar fracture and dislocation of the right patella.  He had been successful in withholding his symptoms until he had another injury in 2008, with his left tendon being ruptured.  He claimed that he used to take Prozac prescribed by his primary care physician, but discontinued because he felt that it made him emotionally detached.  The history of present illness section stated he was working in club management in Berlin in 1986 when a nightclub was bombed and he reported knowing some of the victims.  His endorsed symptom of post-traumatic stress disorder was related to the bombing.

15.  The assessment also stated he was currently experiencing frustration with the VA system and barriers he had faced in attempting to get service-connected disability.  He further stated he was having ongoing stress and frustration with his job as a private investigator for murder and death penalty cases, and problems with the unjustness he had seen in the legal system.

16.  He also provided copies of three letters to the VA in connection with his claim, from a former service member, himself, and two friends.  The letters stated, in effect, that the applicant had sustained injuries in the 1986 terrorist attack at La Belle discotheque.  The applicant had visible scars on his right arm and the

right side of his head.  In addition, the applicant expressed discomfort for an inflammation in his knees caused by the injuries he sustained in Berlin.  

17.  He further provided copies of two letters to the Department of Justice, Foreign Claims Settlement Commission, in support of his claim for compensation.  The applicant stated in his letter that during the bombing incident, he was walking towards the door when the bomb exploded.  He was pushed back against the wall and lost consciousness for a short period of time.  At the time, he was unaware of the extent of his injuries and he began helping other patrons of the club.  He also stated the headaches he suffered made it difficult for him to think clearly and he had problems sitting for long periods of time due to knee pain.

18.  The BBC (British Broadcasting Company) Website stated that on 5 April 1986 a bomb exploded in a crowded discotheque in Berlin, Germany, killing two and injuring at least 120, including more than 40 Americans.  The bomb went off at 0150 local time when the La Belle discotheque was packed with nearly 500 people.  The discotheque was a favorite with American servicemen, and many of those injured were Soldiers.  Libya was blamed for the explosion.

19.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member who, while serving under competent authority in any capacity with one of the Army Services, has been wounded or killed or who has died or may hereafter die after being wounded as a result of an act of any hostile foreign force or after 23 March 1973, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of the Army, or jointly by the Secretaries of the separate armed services concerned if persons from more than one service are wounded in the attack.  Substantiating evidence must be provided to verify that the wound, injury, or death was the result of enemy or hostile action or an international terrorist attack, the wound or injury must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, to be awarded the Purple Heart as a result of an international terrorist attack, it is necessary to establish that a Soldier was wounded or injured in that action.  There is no evidence available, and the applicant has provided insufficient evidence, which shows he was wounded or treated for wounds as a result of hostile action during the La Belle discotheque bombing in 1986 in Berlin, Germany.

2.  His contentions and the documentation he submitted were carefully considered; however, he did not provide any evidence to show he was wounded or treated by medical personnel at the time, and this treatment was made a matter of official record.  His service medical records were not available for review; therefore, the burden of proof rested with him to submit substantiating proof of sufficient evidence he was wounded or injured during the bombing, he received treatment by medical personnel at the time, and that treatment was made a matter of official record.  He himself stated, in his 5 October 2010 Progress Note, that he was successful in withholding his symptoms, indicating he did not receive medical treatment.  Without this evidence, he does not meet the regulatory requirements for award of the Purple Heart.

3.  In view of the foregoing, there is no basis for granting his requested relief.

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 AR20100011887, dated 4 November 2010.



      ___________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)                                         AR20100026632



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ABCMR Record of Proceedings (cont)                                         AR20100026632



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