BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110013722 


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, in effect, award of the Purple Heart due to Traumatic Brain Injury (TBI) and correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show this award.

2.  He states the Purple Heart was omitted from his DD Form 214.  He contends he should be awarded this decoration based on new regulations.

3.  He provides no additional documents.

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 applicant’s 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 applicant’s 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 applicant was inducted into the Army of the United States on 26 June 1952.

4.  He was honorably released from active duty on 26 March 1954.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Purple Heart.

5.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."  His name is not listed on the Korean War casualty listing.

6.  His service record contains no evidence that indicates he sustained wounds as a result of hostile action.

7.  Army Regulation 600-8-22 (Military Awards) states 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 the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

8.  Military Personnel (MILPER) Message Number 11-125, issued by the U.S. Army Human Resources Command, Fort Knox, KY, dated 29 April 2011, informed all members of the Army that the Secretary of the Army had approved Army Directive 2011-07 (Awarding the Purple Heart).  The directive provides clarifying guidance to ensure the uniform application of advancements in medical knowledge and treatment protocols when considering recommendations for award of the Purple Heart for concussions (including mild traumatic brain and concussive injuries that do not result in a loss of consciousness).  Diagnosis of concussion or mild TBI are examples of signs, symptoms or medical conditions documented by a medical officer or medical professional that meet the standard for award of the Purple Heart.  This message does not change the standards for award of the Purple Heart for concussion injuries.  This policy is retroactive to
11 September 2001.


DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart for TBI based on new regulations.  However, in accordance with MILPER Message Number 11-125, award of the Purple Heart is authorized for TBI retroactive to 11 September 2001.  Since he was not in the military at that time, he does not meet the requirements for award of the Purple Heart for TBI.

2.  By regulation, in order to award the Purple Heart it is necessary to establish the Soldier was wounded in action, the wound required treatment by a medical officer, and the treatment record must have been made a matter of official record.

3.  His service record is void of medical documents or other evidence which indicate he was wounded as a result of hostile action and his name is not listed on the Korean War casualty listing.  Due to the absence of evidence which shows he was wounded or injured as a result of hostile action or that he was in the military on or after 11 September 2011, there is an insufficient evidentiary basis for awarding him the Purple Heart in this case.

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)                                         AR20110013722



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ABCMR Record of Proceedings (cont)                                         AR20110013722



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