RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 March 2007
DOCKET NUMBER: AR20060013584
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Gerard W. Schwartz
Acting Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Kathleen A. Newman
Chairperson
Mr. David K. Haasenritter
Member
Ms. LaVerne M. Douglas
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Purple Heart for injuries sustained during basic combat training and while assigned for duty in the Federal Republic of Germany (FRG).
2. The applicant states that he was hurt during basic training and while in the FRG.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 22 January 1972, the date of his release from active duty. The application submitted in this case is dated 12 September 2006.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicants failure to timely file.
3. On 25 June 1970, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty 54A1O (Chemical Operations Apprentice).
4. On 18 November 1970, the applicant was reassigned for duty as a wheel vehicle mechanic with the 308th Supply and Service Battalion in the FRG.
5. On 27 July 1971, the applicant was reassigned to the 24th Supply and Service Company, in the FRG, for duty as a chemical operations apprentice.
6. On 20 January 1972, the applicant was returned to the United States. He was subsequently released from active duty on 22 January 1972, and transferred to the United States Army Reserve Control Group (Annual Training). He had completed 1 year, 6 months and 28 days of creditable active duty
7. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's Armed Forces of the United States Report of Transfer or Discharge (DD Form 214), lists his awards as the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. It does not show award of the Purple Heart.
8. Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record. This regulation also provides that there are no time limitations for requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. There are no general orders that show the applicant was awarded the Purple Heart. There is no available evidence that shows he was injured while on active duty.
2. Award of the Purple Heart is only authorized for wounds incurred as a result of hostile action. Any injury that the applicant may have received during training or while he was assigned in the FRG would not qualify.
3. Therefore, there is insufficient evidence upon which to base award of the Purple Heart in this case.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 22 January 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
21 January 1975. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__DKH__ __LMD __ __KAN __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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.
______________________
CHAIRPERSON
INDEX
CASE ID
AR20060013584
SUFFIX
RECON
DATE BOARDED
20070320
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107.0015
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6.
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