BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017648 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ _x_______ _x ___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017648 BOARD DETERMINATION/RECOMMENDATION: 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. __________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. BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017648 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. 2. The applicant states: a.  On 19 December 1944, he was injured in the line of duty while serving in Germany. He was injured due to German bombing in the area. b.  He was previously unable to locate medical evidence showing his hospitalization. He recently received documentation from the National Personnel Records Center showing his injury. 3. The applicant provides: * Congressional correspondence * medical record extracts * WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) * Department of Veterans Affairs (VA) appeal extract, undated 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 records were destroyed in the 1973 fire at the National Personnel Records Center. The case is being considered using the documents provided by the applicant and reconstructed records provided by the National Personnel Records Center. 3. The applicant was inducted into the Army of the United States on 1 December 1943. 4. Available records show he served in the European theater of operations during the period 23 August 1944 through 7 March 1946. 5. He provided Congressional correspondence and medical record extracts showing: * he was hospitalized on 19 December 1944 at the 95th Evacuation Hospital * his otitis media (ear infection), acute, catarrhal, moderate, left ear, was incurred in the line of duty * he was returned to duty on 26 December 1944 6. On 21 March 1946, he was honorably discharged. His WD AGO Form 53-55 shows in: * item 32 (Battles and Campaigns) – Northern France, Rhineland, and Central Europe * item 34 (Wounds Received in Action) – None 7. He also provided an extract of his VA appeal, undated, that shows his appeal for service-connection for bilateral hearing loss was remanded pending a VA ear, nose, and throat examination by a qualified VA doctor. 8. His records are void of evidence showing he was injured as a result of hostile action. REFERENCE: Army Regulation 600-8-22 (Military Awards) provides that 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 military medical personnel, and the medical treatment must have been made a matter of official record. DISCUSSION: 1. Award of the Purple Heart requires evidence to verify: * the wound was the result of hostile action * the wound required treatment by medical personnel * documentation of the wound in official records 2. Although he provided medical evidence showing he was hospitalized for otitis media, his records are void of medical evidence showing he was injured as a result of hostile action. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017648 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017648 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2