IN THE CASE OF:	  

		BOARD DATE:  19 December 2013

		DOCKET NUMBER:  AR20130007494 


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 for wounds he received during World War II.

2.  The applicant states he was wounded by a mortar shell in approximately 1943.  The concussion deafened him.  He is still deaf and has a loud roaring in his ears.

3.  The applicant provides copies of:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* service and Department of Veterans Affairs medical records (approximately 100 pages, many printed front and back)

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 (NPRC) in 1973.  It is believed that his records were lost or destroyed in that fire.  However, the documents provided by the applicant are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows:

	a.  he was inducted into the Army of the United States on 17 December 1942 and entered active duty on 28 December 1942;

	b.  he was assigned to Troop B, 7th Cavalry Regiment;

	c.  he attained the rank of technician fifth grade;

	d.  he departed the United States on 26 June 1943 for duty in the Pacific theater of operations (PTO), arrived in the PTO on 11 July 1943, departed the PTO on an unknown date, and arrived in the United States on 1 January 1946;

	e.  he participated in two campaigns (Bismarck Archipelago and New Guinea) in the PTO;

	f.  he did not receive any wounds as the result of enemy action;

	g.  he was awarded or authorized the Asiatic-Pacific Theater Service Ribbon, Army Good Conduct Medal, Combat Infantryman Badge, and Driver and Mechanic Badge;

	h.  he was honorably separated on 9 January 1946; and

	i.  he completed 3 years and 13 days of creditable active duty service.

4.  A U.S. Army Medical Department Form 55 A-1 (Modified), dated 15 November 1943, provided by the applicant states the applicant complained of nervousness, restlessness, and substernal and precordial pain.  He claimed he had been nervous ever since having diphtheria at 8 years of age; however, his nervousness did not become apparent until after he was in combat.  In April 1944, he was in the Admiralty Islands as a rifleman.  One day some Japanese mortar shells landed near him, severely wounding several men who were right beside him.  One of the men became psychotic and was immediately evacuated to the United States.  Since then, he has been nervous, startled by loud noises, and has a constant ringing in his ears.  He also had a right earache.  He was hospitalized for 7 days in the 58th Evacuation Hospital for an ear condition.  His earache stopped after treatment, but the tinnitus persisted.

5.  A Post Dispensary consultation request, dated 26 April 1945, shows the applicant was wounded by a mortar shell 1 year earlier.  The concussion deafened him.  He is still deaf and has a loud roaring in his ears.  The doctor asked if anything could be done.  The applicant was diagnosed with tinnitus, secondary to concussion deafness.  No treatment was prescribed.

6.  A Standard Form 507 (Clinical Record), dated 15 July 1952, shows the applicant had reported to the clinic for a surgical examination.  As part of his medical history, the applicant stated he sustained a gunshot wound to his left hand in 1944 and was hospitalized for 3 or 4 weeks.  No details of the circumstances of this injury were provided.  He was diagnosed as having a gunshot-wound scar on his left palm and a surgical scar on his left axilla (armpit) and left side of his neck.

7.  A health record research project, commonly referred to as the Surgeon General's Office (SGO) files, involved transposing the hospital admission card data from the period of World War II onto magnetic tape.  In 1988, the National Research Council made these tape files available to the NPRC.  The availability of the information to the NPRC received considerable publicity by the various veterans' service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.

8.  A search of the SGO files failed to show the applicant was ever hospitalized for any combat-related wound or injury.

9.  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 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.

10.  Army Regulation 600-8-22 provides that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service during that period was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge is considered to be a citation in orders for award of the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart for the concussion wound he received from an enemy mortar shell during World War II.

2.  The available evidence shows the applicant served in the PTO from 1943 to 1946.  On 15 November 1943, the applicant related in a clinical record that he had suffered concussion deafness from an enemy mortar shell.  On 26 April 1945, a dispensary consultation request indicates the applicant still had a loud roaring noise in his ears.  While the diagnosis was tinnitus secondary to concussion, there is no available documentary evidence to corroborate the applicant's statement on the clinical forms.  Furthermore, there is no evidence showing he ever required medical treatment or received medical treatment for a concussion or other ear conditions.

3.  The evidence shows the applicant's records contain an administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of their service in arms.

3.  The Board determined an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that ARBA CMD administratively correct the records of the individual concerned by:

	a.  awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge and

	b.  adding award of the Bronze Star Medal to his WD AGO Form 53-55.



      _______ _  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)                                         AR20130007494



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ABCMR Record of Proceedings (cont)                                         AR20130007494



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