BOARD DATE:	  6 May 2014

		DOCKET NUMBER:  AR20130014453 


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.

2.  The applicant states the Department of Veterans Affairs (VA) found his traumatic brain injury (TBI) related to his military service and an award of 
70 percent service connected compensation was granted.  He was diagnosed with post-traumatic stress disorder (PTSD) which was caused by his military service in the Army during World War II.

3.  The applicant provides:

* Disability Benefits Questionnaire (DBQ) Initial PTSD Exam, dated 13 July 2012
* VA Rating Decision, dated 14 May 2013

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 AR20120019790, on 14 May 2013.

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 the applicant’s records were lost or destroyed in that fire.  The only record available at the time of the original decision of the Board was the applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation and Honorable Discharge) with a date of separation of 25 February 1946.

3.  Limited records were received from the NPRC, St. Louis, MO on 
26 September 2013.  These records and the VA Rating Decision, dated 14 May 2013, with DBQ Initial PTSD Exam, dated 13 July 2012, are new evidence that warrant consideration by the Board.

4.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 26 October 1943 and he entered active service on 16 November 1943. He served in the European Theater of Operations from 15 May 1944 to 
9 February 1946.

5.  Records received from NPRC on 26 September 2013 consist of:

* WD AGO Form 53-55
* Honorable Discharge Certificate
* morning reports from the 106th Processing Company dated 
		11-12 December 1944, 1 January 1945, 6 April 1945, and 2 and 12 July 			1945

6.  The morning reports do not provide any evidence showing the applicant was injured in a mine explosion in 1944.

7.  On 25 February 1946, he was discharged.  His WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge.  Item 34 (Wounds Received in Action) of the form contains the entry "NONE."  

8.  The VA Rating Decision, dated 14 May 2013, provided by the applicant granted him service connection for TBI with an evaluation of 70 percent effective 20 July 2011.  

	a.  The applicant had claimed he fell and lost consciousness due to a land mine explosion that occurred in 1944.  His service treatment records did not document that he sustained a TBI during his military service.  

	b.  Because he was a combat veteran in receipt of the Combat Infantryman Badge, the VA conceded his statement and scheduled an examination.  After examining him and reviewing his service treatment records, the examiner stated a diagnosis of TBI was warranted based on his history of loss of consciousness while in service.  
	c.  The examiner stated there is likely an overlap of his related TBI symptoms with his PTSD and advancing age.

9.  Military Personnel (MILPER) Message Number 11-125, issued by the U.S. Army Human Resources Command (HRC), dated 29 April 2011, stated 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).  HRC has verified that award of the Purple Heart for a TBI injury is retroactive only to 11 September 2001.

10.  Army Regulation 600-8-22 (Military Awards) states 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, and the medical treatment must have been made a matter of official record.  PTSD is listed as one of the examples that clearly do not justify award of the Purple Heart.

11.  Title 38, U.S. Code, provides for the VA to make a determination and award compensation for disabilities which were incurred in or aggravated by active military service.  The VA does not make any determination as to whether an injury was received as a result of hostile action.

DISCUSSION AND CONCLUSIONS:

1.  PTSD is not a wound intentionally caused by the enemy from an outside force or agent, but is a secondary effect caused by witnessing or experiencing a traumatic event.  Therefore, PTSD clearly does not justify award of the Purple Heart.

2.  The VA Rating Decision determined that the applicant's TBI was incurred while in the military service.  The VA is not required to determine nor is it intended to determine whether the applicant's injuries were a result of hostile action.  They conceded his statement concerning a mine explosion based on a history provided by the applicant and his award of the Combat Infantryman Badge.  However, without substantive evidence to corroborate his statement there is insufficient evidence to award the Purple Heart in this case.   

3.  In accordance with MILPER Message Number 11-125, dated 29 April 2011, HRC has verified that award of the Purple Heart for a TBI injury is retroactive only to 11 September 2001.
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 AR20120019790, dated 14 May 2013.



      __________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.


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)                                         AR20130014453



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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