IN THE CASE OF: 

		BOARD DATE:	  17 June 2014

		DOCKET NUMBER:  AR20140008033 


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.  Pursuant to a Stipulation and Order for Stay, dated 26 March 2014, granted by the U.S. District Court, Eastern District of California, the applicant requests reconsideration of his previous applications for award of the Purple Heart.  

2.  He states that in April 1986 he was assigned to Headquarters and Headquarters Company (HHC), Berlin Brigade.  On the night of the explosion
(5 April 1986), he was walking in the front door at LaBelle's Nightclub (in Berlin, Germany).  Immediately upon entering, an explosion pushed him back against a wall and he lost consciousness for a short period of time.  He was taken to a German hospital for emergency treatment of injuries to his legs, arm, and eye.  The following Monday, he went to the Army hospital where he received further treatment for his injuries.  He was released from the Army hospital and directed to his quarters for 72 hours to recuperate.  During his period of service and to the present, he has received various treatments and therapies for the injuries he sustained in the bombing.   

3.  He provides:

* DA Form 2985 (Patient Admission Information)
* Standard Form (SF) 539 (Abbreviated Clinical Record)
* SF 509 (Doctor's Progress Notes)
* DA Form 31 (Request and Authority for Leave)
* U.S. Army Europe, and Seventh Army Registration Certificate Privately Owned Vehicles
* Memorandum, subject:  Letter of Commendation
* DA Form 1811 (Physical Data and Aptitude Test Scores Upon Release from Active Duty)
* Letters of support
* Supervisory Supplemental Questionnaire
* Department of Veterans Affairs Medical Records

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the two previous considerations of the applicant's case by the Army Board for Correction of Military Records in Docket Number AR20100011887 on 4 November 2010 and Docket Number AR20100026632 on 19 May 2011.

2.  On 29 July 1972, the applicant enlisted in the Regular Army.  During his service, he held military occupational specialties 95B (Military Policeman), 00E (Recruiter), and 00J (Club Manager).  

3.  His DA Form 2-1 (Personnel Qualification Record) shows in:

* item 5 (Oversea Service), he served in – 

* Korea from 19 January 1973 through 26 January 1974 and from 19 September 1984 through 18 September 1985
* Germany from 5 April 1981 through 10 February 1983 and from 
16 October 1985 through 10 September 1986

* item 35 (Record of Assignments) – he was assigned to HHC, Berlin Brigade, Germany, from 17 October 1985 to 9 September 1986

4.  His Official Military Personnel File is void of documentation showing he was one of the American service members injured during a bombing at the La Belle Discotheque in Berlin, Germany on 5 April 1986.  

5.  His complete service medical records are not available for review.

6.  On 24 September 1987, he was honorably discharged at the expiration of his term of service as a staff sergeant/pay grade E-6.  The DD Form 214 issued at that time shows he was awarded or authorized the:

* Army Lapel Button
* National Defense Service Medal
* Army Commendation Medal
* Meritorious Service Medal 
* Overseas Service Ribbon (4th Award)
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Noncommissioned Officer Professional Development Ribbon with 
Numeral 3
* Gold Recruiter's Badge
* Army Good Conduct Medal (4th Award)
* Army of Occupation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16 and M-14)

7.  On 28 May 2014, during the processing of this case, the Awards and Decorations Branch, U.S. Army Human Resources Command (HRC), provided a copy of their file on the 5 April 1986 Berlin bombing.  

	a.  A message, dated 28 April 1986, shows the 5 April 1986 Berlin bombing was determined to be the result of international terrorism.  The message also shows Headquarters, U.S. Army Europe, was authorized to award the Purple Heart to all Soldiers wounded in the Berlin bombing who met the requirements for receipt of the award.  

	b.  Various orders issued by Headquarters, 1st Personnel Command, Germany, and the U.S. Army Military Personnel Center (now known as HRC) awarded the Purple Heart to numerous individuals for wounds they received in West Berlin, Federal Republic of Germany, as the result of an international terrorist attack on 5 April 1986.  The applicant's name does not appear on any of the orders.

	c.  A review of the remaining records in the file failed to reveal the applicant's name as one of those considered for award of the Purple Heart based on injuries received as a result of the Berlin bombing on 5 April 1986.  

8.  He provides, in part:

* a DA Form 2985, dated 7 April 1986, indicating he was admitted to a hospital for treatment of injuries received as a result of an explosion
* an SF 539, dated 7 April 1986, from the U.S. Army Hospital, Berlin, with partially legible handwritten entries indicating he had an injury of the right eye, right arm, and he had X-rays taken of his right and left knees
* an SF Form 509 from the U.S. Army Hospital, Berlin, showing he was admitted and discharged on 7 April 1986, that his wounds looked excellent, and that he was to return in one week for suture removal
* a DA Form 31, dated 7 April 1986, signed by an Army Medical Service Corps officer giving the applicant a pass to stay in quarters from 7 to 9 April 1986

9.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member who, while serving under competent authority in any capacity with one of the Armed Services, has been wounded or killed or who has died or may hereafter die after being wounded as a result of an act of any hostile foreign force or, after 23 March 1973, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of the Army, or jointly by the Secretaries of the separate armed services concerned if persons from more than one service are wounded in the attack.  Substantiating evidence must be provided to verify that the wound, injury, or death was the result of enemy or hostile action or an international terrorist attack, the wound or injury must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

10.  Review of the applicant's record indicates he is entitled to an additional award that is not listed on his final DD Form 214.

11.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided medical records showing he was seen at a hospital on 7 April 1986 for injuries he received as the result of an explosion.  The medical records he provides also show he received sutures, indicating he had incurred at least one injury that required medical treatment.  

2.  Although there was a delay between the explosion and the applicant being seen at the U.S. Army Hospital, Berlin, he provides a reasonable explanation that he was initially taken to a German hospital for treatment.  A thorough review of the available records show no evidence indicating his injuries were caused by anything other than the terrorist bombing on 5 April 1986.



3.  In view of the foregoing, it would be appropriate to award the Purple Heart to the applicant for wounds he incurred as a result of an international terrorist attack on 5 April 1986 and to correct his DD Form 214 for the period ending 24 September 1987 to show this award.    

4.  Based on his service in Korea, he is eligible for the Korea Defense Service Medal.  It would also be appropriate to add this award to his DD Form 214 for the period ending 24 September 1987.  

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Purple Heart for wounds he incurred as a result of an international terrorist attack on 5 April 1986; and

	b.  adding the Purple Heart and Korea Defense Service Medal to his DD Form 214 for the period ending 24 September 1987.  



      __________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)                                         AR20140008033



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ABCMR Record of Proceedings (cont)                                         AR20140008033



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