IN THE CASE OF:	  

		BOARD DATE:	  6 February 2014

		DOCKET NUMBER:  AR20130011216 


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 his hearing loss due to exposure to artillery fire.

2.  The applicant states he became hard of hearing as a result of exposure to artillery fire.  He argues that his service with the 324th Field Artillery Battalion (155-millimeter Howitzer), 83d Infantry Division, made him hard of hearing.  He further states he has a 70-percent bilateral sensorineural hearing loss.

3.  The applicant provides:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* letter from the National Personnel Records Center, dated 3 December 2008

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 complete 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 are sufficient records in a reconstructed file 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 12 March 1942 and entered active duty that same day;

	b.  he served in the European theater of operations from 16 April 1944 to 19 September 1945;

	c.  he was assigned to Headquarters Battery, 372d Field Artillery Battalion at the time of his separation;

	d.  he was awarded the European-African-Middle Eastern Campaign Medal with four bronze service stars, Army Good Conduct Medal, and Soldier's Medal.

	e.  he received no wounds as the result of enemy action; and

	f.  he was honorably discharged on 5 October 1945.

4.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart for his hearing loss due to exposure to artillery fire.

2.  The applicant states he became hard of hearing as a result of exposure to artillery fire.  He argues that his service with the 324th Field Artillery Battalion, 83d Infantry Division, made him hard of hearing.  Unfortunately, the loss of hearing due to exposure to enemy or friendly artillery fire is not evidence that he sustained a wound or injury (such as a broken eardrum).

3.  There is no evidence of record showing he was diagnosed with and required medical treatment for a wound or injury as a result of enemy action that resulted in his hearing loss.

4.  In view of the above, the applicant's request for award of the Purple Heart should be denied.

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.  The Board wants the applicant and all others to know this action in no way diminishes the sacrifices he made in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20130011216



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ABCMR Record of Proceedings (cont)                                         AR20130011216



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