APPLICANT REQUESTS:  Reconsideration of his previous request to correct his records to reflect award of the Purple Heart.

APPLICANT STATES:  That he has tried to get the Army to recognize his hearing loss as a service connected injury since he was discharged.  That in 1992 the Army finally recognized the hearing loss as being service connected, therefore, the failure to timely file should be waived and he should be awarded the Purple Heart.  That had he been allowed to be treated there would be a record of the injury.  

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum of consideration (MOC) prepared to reflect the Board's original consideration of his case on 18 March 1998 (COPY ATTACHED).

The applicant’s contention that the Army must award him the Purple Heart because the VA recognized his hearing loss as a service connected injury constitutes new argument.

In support of his request he submits two letters from the VA dated 1 July 1949 and     23 August 1950 that deny his request for disability benefits and a 23 March 1992 letter which grants service connection for Bilateral Tinnitus.  He further submits a letter from his section leader who states “I told the applicant to see the company medic.  He did and was told there was no treatment for his condition and to insert cotton in his ears during combat fire.” 

The Board had access to these letters in the previous consideration but failed to address it in the previous MOC.

Army regulation 15-185, paragraph 10c provides, in pertinent part, that reconsideration of a Board decision will be made when additional evidence or other matter including, but not limited to factual allegations or arguments, that were not previously available to the Board has been submitted.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile force.  A wound is considered torn or permanently damaged tissue.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  As described by the section leader in his letter, the applicant was treated for a temporary condition not for a wound. 

2.  The treatment cannot be substantiated without a report of medical treatment by a medical officer.

3. The VA, operating under its own policies and regulations, assigns ratings as it sees fit.  The rating action by the VA does not affect any Army regulation to include awards.

4.  Prior to reaching the determination that it was not in the interest of justice to excuse the failure to timely file, the Board looked at the entire file.  It was only after all other aspects had been considered and it had been concluded that there was no basis to recommend a correction of the records that the Board considered the statute of limitations.  Had the Board determined that an error or injustice existed it undoubtedly would have recommended relief in spite of the failure to submit the application within the 3 year time limit.  The Board has never denied an application simply because it was not submitted within the required time.

5. The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director