IN THE CASE OF:	  

		BOARD DATE:	  4 November 2010

		DOCKET NUMBER:  AR20100011887 


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 wounds sustained in the LaBelle discotheque bombing.

2.  The applicant states he received the Army Commendation Medal and the Meritorious Service Medal.  He further stated he had to sign a nondisclosure form that prohibited him from talking about the incident.

3.  The applicant provides:

* a self authored document entitled Chronological List of Health Issues in which he reports he suffered a concussion, cuts that required 10 to 15 stitches, his ears rang for 2 weeks, and X-rays showed both knees were damaged
* two DD Forms 214 (Report of Separation from Active Duty) for the period ending 25 June 1975 and 27 April 1978
* a DD Form 214 (Certificate of Release or Discharge from Active duty) for the period ending 24 September 1987
* Section VII (Current and Previous Assignments) of his DA Form 2-1 (Personnel Qualification Record)
* Enlisted Evaluation Reports covering the period from February 1985 through July 1986


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 enlisted in the Regular Army on 26 July 1972 and he continuously served on active duty until 24 September 1987.  He was subsequently discharged in the rank/grade of staff sergeant (SSG)/E-6 upon the expiration of his term of service.

3.  From July 1985 to June 1986 he served as the assistant manager of an enlisted club in Berlin, Germany.

4.  Several websites relate that the Berlin discotheque bombing of April 5, 1986 was a terrorist attack at the La Belle discotheque that was frequented by U.S. Soldiers.  A bomb exploded killing a Turkish woman and two U.S. sergeants and injuring 230 people, including more than 50 American servicemen.  Libya was blamed after telex messages, congratulating the Libyan embassy in East Berlin on a job well done, were intercepted.  President Ronald Reagan responded by ordering air strikes against Libya.

5.  The applicant's service medical records are not available for review.

6.  There is no substantiating evidence that the applicant was present or wounded or was treated for a wound sustained in the incident.

7.  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 Army Services, has been wounded or killed or who has died or may hereafter die after being wounded in various situations, including: "…After 28 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.   Wound, injury or death must have been the result of enemy or hostile act, international terrorist attack, or friendly fire; the wound or injury must have required treatment by medical officials; and the records of medical treatment must have been made a matter of official Army records."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Purple Heart for wounds sustained in the LaBelle discotheque bombing.   He had to sign a nondisclosure statement that prohibited him from talking about the incident.

2.  Award of the Purple Heart requires an official record of treatment for a wound sustained as the result of enemy or terrorist action.

3.  There are no service medical records available.

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

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 for correction of the records of the individual concerned.



      ___________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)                                         AR20100011887



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ABCMR Record of Proceedings (cont)                                         AR20100011887



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