IN THE CASE OF:	  

		BOARD DATE:	  5 July 2012

		DOCKET NUMBER:  AR20120001163 


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 an earlier request for award of the Purple Heart due to his current medical conditions.

2.  The applicant states:

* during recent years his noise-induced hearing loss and increased pressure caused a traumatic brain injury (TBI)
* his TBI has reached a stage of severe pain which the Department of Veterans Affairs (DVA) is now using as the basis of awarding the Purple Heart
* he has endured this condition for 56 years
* since veterans returning from Iraq and Afghanistan with TBIs and hearing disabilities are being awarded the Purple Heart, he should also be qualified for the medal having experienced a TBI, severe bilateral tinnitus, and hearing loss

3.  The applicant provides:

* DVA documentation and medical records
* Service medical records


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 AR20100029452, on 28 June 2011.

2.  The medical documentation provided by the applicant is new evidence that warrants consideration by the Board.

3.  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.

4.  The applicant was inducted into the Army of the United States on 27 August 1952.  He served in Korea and he was honorably released from active duty on
17 August 1954.  He was transferred to the U.S. Army Reserve, Texas Military District to complete his remaining service obligation.  He completed 1 year,
11 months, and 21 days of total active service, which included 9 months and
18 days of foreign service.

5.  The DD Form 214 (Report of Separation) he was issued at the time does not show the Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."

6.  There are no orders for the Purple Heart in the available records.

7.  His name does not appear on the Korean casualty roster.

8.  There is no evidence which shows he suffered a TBI as a result of hostile action.

9.  He provided medical records that show:

* he was diagnosed with a concussion in February 1954
* he received a temporary profile for defective hearing in June 1954
* he was treated for hearing loss in June 1954


10.  He also provided a VA Form 10-2545 (VA Report of Medical Examination for Disability Evaluation), dated 10 September 1954, that states in Section B (Medical History Since Latest VA Examination as Related by Person Examined):

* onset of present disability on or about October, November, and December 1952 while stationed during basic training at Camp Roberts
* he fired a 76mm cannon for 6 months
* while in Korea in December 1953, he had pneumonia and later developed rupture of the right ear drum
* in January 1954 he was boxing in Korea and suffered brain concussion and possible brain hemorrhage 

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 by medical personnel, and the medical treatment must have been made a matter of official record.

12.  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).  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 a TBI.  However, there is no evidence of record and he did not provide any evidence that shows he suffered a TBI as a result of hostile action.

2.  He provided DVA medical documentation, dated September 1954, that states he reported in January 1954 he was boxing in Korea and suffered a brain concussion and possible brain hemorrhage.

3.  There is no evidence of record that shows he was wounded or injured as a result of hostile action in Korea.  Therefore, there is insufficient evidence to support award of the Purple Heart in this case.

4.  His contention that veterans returning from Iraq and Afghanistan with TBIs and hearing disabilities are being awarded the Purple Heart is confirmed by MILPER Message Number 11-125.  However, this policy is only retroactive to 
11 September 2001.

5.  In view of the foregoing, there is no 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 to amend the decision of the ABCMR set forth in Docket Number AR20100029452, dated 28 June 2011.



      ___________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)                                         AR20120001163



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120001163



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1