IN THE CASE OF:
BOARD DATE: 15 March 2012
DOCKET NUMBER: AR20110018922
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart for his hearing loss.
2. The applicant states he has 60 percent (%) hearing loss that is service-connected. He contends he incurred his hearing loss while he was on active duty.
3. The applicant provides no additional documentation.
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. On 21 December 1965, the applicant was inducted into the Army of the United States. He completed training and was awarded military occupational specialty 91U (Eye, Ear, Nose and Throat (EENT) Specialist).
3. On 12 December 1967, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year,
11 months, and 22 days of total active service and he attained the rank/grade of specialist four (SP4)/E-4.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
5. The applicant's DA Form 20 (Record Enlisted Qualification) shows in:
* Item 31 (Foreign Service) no entry, indicating he did not perform any foreign service during his active duty service
* Item 38 (Record of Service) his only duty station through his period of service was at Fort Polk, LA
* Item 40 (Wounds) is blank indicating he did not incur any wounds (as a result of hostile enemy action) during his period of service
6. The applicant's service medical records are not available for review.
7. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the United States. 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 contends that his DD Form 214 should be corrected to show award of the Purple Heart for his hearing loss.
2. Item 40 of his DA Form 20 does not show a record of any wounds received in action.
3. There is also no evidence that the applicant was ever assigned to or served in a combat theater where he might have received a wound as the result of enemy action. In fact, his record shows he served his entire period of active service from December 1965 to December 1967 at Fort Polk.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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 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) AR20110018922
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ABCMR Record of Proceedings (cont) AR20110018922
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