IN THE CASE OF:
BOARD DATE: 5 June 2012
DOCKET NUMBER: AR20110024437
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 award of the Purple Heart.
2. The applicant states:
* He was wounded in action but not in the traditional way
* Like many Soldiers wounded in action he did the best despite his wound (severe hearing loss)
* He feels he deserves the Purple Heart
* Had he been shot or taken shrapnel he would have been awarded the medal
* He suffered close proximity explosions from incoming German artillery
3. The applicant provides:
* Department of Veterans Affairs (DVA) letter, dated 27 August 2003
* National Personnel Records Center letter, dated 1 November 2011
* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
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 applicant's complete 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. His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 20 April 1943 and he entered active service on 27 April 1943. He served in the European-African-Middle Eastern Theater of Operations from
13 July 1944 to 23 December 1945. On 19 January 1946, he was honorably discharged.
4. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry "NONE."
5. There is no evidence in the available record that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.
6. He provided DVA documentation which shows he was granted service-connected disability compensation for tinnitus (10%) and bilateral hearing loss (0%).
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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. Title 38, U.S. Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service. The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.
DISCUSSION AND CONCLUSIONS:
1. He contends he suffered severe hearing loss as a result of incoming German artillery explosions during World War II.
2. It is acknowledged he was granted service-connected disability compensation for tinnitus (10%) and bilateral hearing loss (0%) by the DVA. However, the DVA, operating under its own policies and regulations, assigns disability ratings as it sees fit.
3. Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards. The Purple Heart requires:
* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records
4. There is no evidence in the available record that shows the applicant was wounded as a result of hostile action during World War II. Regrettably, there is an insufficient evidentiary basis for awarding him the Purple Heart.
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 to know that the sacrifices he made in service to the United States during World War II are deeply appreciated. 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.
ABCMR Record of Proceedings (cont) AR20110024437
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110024437
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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