BOARD DATE: 7 October 2010 DOCKET NUMBER: AR20100010344 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 the Army Board for Correction of Military Records (ABCMR) decision denying him award of the Purple Heart. 2. The applicant states he cannot produce new evidence for his finger wound, but he has proof of other injuries that were not included. He states he suffered a leg sprain in combat. He states he only has the convalescent hospital on his records. He also states he suffered damage to his hearing from a German railroad artillery gun. He states he receives disability from the Department of Veterans Affairs (VA) for this condition. 3. The applicant provides copies of: * one page from his decision from the Board of Veterans Appeals (BVA) * a letter, dated 14 July 2000, from the VA * a letter, dated 4 October 2001, from the VA * a letter, dated 19 January 1998, from a fellow Soldier * his WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement), dated 28 May 1946 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 ABCMR in Docket Number AR20090016219 on 28 January 2010. 2. The documents submitted by the applicant with his request for reconsideration are new evidence which require that his case be reconsidered by the ABCMR. In addition, he presents a new argument for his eligibility for the award of the Purple Heart. 3. The applicant's complete military record is 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 the applicant's records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered using a reconstructed record that primarily consists of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and the documents provided by the applicant. 4. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 21 April 1944. It also shows he was assigned to the 142nd Infantry Division and that he served in the European theater of operations from 4 November 1944 through 17 May 1946. 5. On 29 May 1946, the applicant was discharged. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not show he was awarded the Purple Heart. Item 34 (Wounds Received in Action) contains the entry "None." 6. The applicant's service medical records were not available for review. The convalescent hospital records mentioned by the applicant were not included with his request for reconsideration. 7. There is no evidence of the applicant having suffered a leg sprain as a result of enemy action and requiring treatment by a medical officer for that injury. 8. The page from the applicant's BVA decision stated that service connection for his bilateral hearing loss has been established as directly related to military service. 9. The letter, dated 19 January 1998, from a fellow Soldier stated they were close to a pillbox when it was hit by an artillery shell. He states they both now suffer from hearing loss and tinnitus. However, he did not state whether or not the applicant required medical treatment by a medical officer for his injury and there is no evidence indicating such treatment. 10. Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated the Purple Heart was awarded to citizens of the United States serving with the Army who were wounded in action against an enemy of the United States or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he should be awarded the Purple Heart based on his hearing loss and leg sprain. He states he has no new evidence concerning the injury to his hand. 2. Documents from the VA were reviewed. However, the VA merely establishes whether or not an injury was incurred while the member was in the military service. They are not charged with establishing nor do they try to establish eligibility for the award of the Purple Heart. 3. The statement from the Soldier was reviewed. However, he did not state whether he or the applicant required medical treatment after the shell hit the pillbox. In addition, there are no official documents to corroborate his statement. 4. Regrettably, in the absence of substantive evidence showing the applicant was wounded as a result of enemy action and that he required medical treatment by a medical officer, there is still insufficient evidence to support the award of the Purple Heart in this case. 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 AR20090016219, dated 28 January 2010. ___________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) AR20100010344 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100010344 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1