IN THE CASE OF: BOARD DATE: 1 August 2013 DOCKET NUMBER: AR20130000406 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, in effect, that he should be awarded the Purple Heart for his Post-Traumatic Stress Disorder (PTSD) and his right hand, arm, and shoulder injury incurred during his assignment in Germany. 3. The applicant provides a short letter explaining his application and copies of medical treatment records. 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 was inducted on 2 December 1958. He completed his one-station unit training as a combat engineer at Fort Hood, Texas and departed for assignment to Germany on 25 April 1959. 3. He was assigned to Company A, 24th Engineer Battalion during his entire tour and departed Germany on 11 December 1959. 4. On 18 November 1960, he was honorably released from active duty (REFRAD) at Fort Dix, New Jersey as an overseas returnee. He had served 1 year, 11 months, and 17 days of active service. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his REFRAD shows he was awarded the Good Conduct Medal. 5. A review of his official records failed to show any evidence of the applicant serving in an imminent danger area. 6. The documents provided by the applicant show that he had surgery on his right shoulder in 2012 and that he was diagnosed by the Department of Veterans Affairs as having PTSD in 2010 based his being attacked by two German civilians while on guard duty in Germany in 1960. 7. 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. That regulation also provides that the Purple Heart is not awarded for PTSD. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that he should be awarded the Purple Heart has been noted and found to lack merit. 2. The Purple Heart is awarded for wounds/injuries incurred as a result of enemy action and the applicant has failed to show through the evidence of record and the evidence submitted with his application that his shoulder injury was the result of enemy action. 3. Additionally, the regulation governing the criteria for award of the Purple Heart specifically states that PTSD is not a qualifying reason for award of the Purple Heart. 4. Therefore, in the absence of evidence to the contrary, there appears to be no basis to grant his request for award of the Purple Heart. 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) AR20130000406 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130000406 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1