IN THE CASE OF: BOARD DATE: 28 October 2010 DOCKET NUMBER: AR20100013406 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 correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Purple Heart. 2. The applicant states he was awarded the Purple Heart in 1974. He contends that he was involved in an accident while in a convoy on the way to a Reforger exercise while stationed in Germany. The convoy pulled to the side of the road because one vehicle was overheating and a German milk tanker slammed into the back of the wrecker, killing a Soldier and injuring others. He was thrown out of the truck and suffered a major cut on the head which required several stitches. 3. The applicant provides a copy of his DD Forms 214 for the period ending 12 January 1976 and 12 January 1980. 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 31 July 1972. He completed initial entry training and he was awarded military occupational specialty (MOS) 31M (Radio Relay Carrier and Attendant). On 15 November 1975, he was awarded MOS 76Y (Unit Supply Specialist). On 12 January 1976, he was discharged for the purpose of immediate reenlistment. His DD Form 214 for this period of service does not show the Purple Heart. He reenlisted on 13 January 1976 for 4 years. 3. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Germany from 3 April 1973 through 10 February 1976 and from 8 December 1977 through 3 December 1979. Item 9 (Awards, Decorations, and Campaigns) does not show the Purple Heart. 4. On 12 January 1980, he was honorably released from active duty by reason of completion of required service. The DD Form 214 for this period of service does not show the Purple Heart. 5. There are no orders or any other documentation in the applicant's records showing he was awarded or recommended for the Purple Heart or that he was ever wounded or injured as a result of hostile action. 6. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that 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's contention that his DD Form 214 should be corrected to show the Purple Heart has been carefully reviewed. 2. There is no evidence of record and the applicant did not provide any evidence that show he was ever wounded or injured as a result of hostile action as outlined in the governing regulation. As the applicant acknowledged, he was injured when a German milk tanker accidently slammed into the back of the wrecker. It occurred during a peacetime training exercise, not through hostile action. 3. In view of the foregoing, there is no basis to grant the applicant's requested relief. 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) AR20100013406 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100013406 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1