RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 April 2007
DOCKET NUMBER: AR20060014924
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. John N. Slone | |Chairperson |
| |Mr. David K. Haasenritter | |Member |
| |Mr. John G. Heck | |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.
2. The applicant states he was wounded but the Purple Heart is not shown
on his DD Form 214 (Report of Separation from the Armed Forces of the
United States).
3. The applicant provides a Department of Veterans Affairs (DVA) Rating
Decision dated 17 August 2004.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 30 June 1955. The application submitted in this case is
dated 12 October 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 applicant’s failure to timely file.
3. The applicant enlisted in the Regular Army on 12 September 1949. He
was honorably discharged on 15 June 1950 for the purpose of immediately
reenlisting on 16 June 1950.
4. The applicant arrived in Germany on 10 February 1951.
5. The applicant’s Medical Board Proceedings indicate he was accidentally
shot in the left thigh by another Soldier while on border patrol on 1
August 1954.
6. On 30 June 1955, the applicant was placed on the Temporary Disability
Retired List. He was permanently retired for disability on 1 March 1960.
7. Army Regulation 600-8-22 (Military Awards) provides for award of the
Purple Heart 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.
Individuals wounded or killed as a result of “friendly fire” in the “heat
of battle” will be awarded the Purple Heart as long as the “friendly”
projectile or agent was released with the full intent of inflicting damage
on or destroying enemy troops or equipment.
8. In August 2004, the DVA awarded the applicant an increased disability
rating in part for residuals of a fragment wound to the left leg with
severance of the sciatic nerve.
DISCUSSION AND CONCLUSIONS:
1. It is acknowledged that the DVA has awarded the applicant a service-
connected disability rating for the injury he received in 1954. However,
the evidence of record shows he was accidentally wounded when another
Soldier shot him while on border patrol in Germany. Regrettably, the
evidence of record shows that he does not meet the eligibility criteria for
award of the Purple Heart.
2. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 June 1955; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 29 June 1958. Although the applicant did not file
within the 3-year statute of limitations, it would be appropriate to waive
failure to timely file due to the fact there is no statute of limitations
on award of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__jns___ __dkh___ __jgh___ 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.
__John N. Slone_______
CHAIRPERSON
INDEX
|CASE ID |AR20060014924 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070419 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Schwartz |
|ISSUES 1. |107.0015 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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