RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 May 2007
DOCKET NUMBER: AR20060015894
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. Paul M. Smith | |Chairperson |
| |Mr. David K. Haasenritter | |Member |
| |Mr. Edward E. Montgomery | |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 fractured the last two fingers on his right
hand around May 1968 while in basic training.
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 21 October 1968. The application submitted in this case
is dated 31 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 was inducted into the Army on15 March 1968. He completed
basic combat training and advanced individual training and was awarded
military occupational specialty 13A (Cannoneer). He was assigned to Fort
Bragg, NC on or about 6 August 1968.
4. On 21 October 1968, the applicant was discharged for unsuitability. He
had completed 7 months and 7 days of creditable active service with no lost
time.
5. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record to show the applicant was wounded as the
result of hostile action; therefore, there is insufficient evidence to show
he meets 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 21 October 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 20 October 1971. Although the applicant did
not file within the 3-year statute of limitations, it would be appropriate
to waive failure to timely file based on the fact there is no statute of
limitations for award of the Purple Heart..
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__pms___ __dkh___ __eem___ 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.
____Paul M. Smith_____
CHAIRPERSON
INDEX
|CASE ID |AR20060015894 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070501 |
|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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