RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 2 October 2007
DOCKET NUMBER: AR20070007190
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.
Ms. Catherine C. Mitrano
Director
Mr. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Ms. Ann M. Campbell
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Jeffrey C. Redmann
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 that he suffered an injury to his eye in Iraq on 26 June 1991.
3. The applicant provides copies of Standard Forms 600 (Chronological Record of Medical Care) dated 26 and 27 June 1991 and copies of DD Forms 689 (Individual Sick Slip) dated 26 and 27 June 1991, in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records show that he enlisted in the Illinois Army National Guard (ILARNG) on 24 March 1990. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 12B (Combat Engineer).
3. There are no orders in the applicants service personnel records that show he was awarded the Purple Heart. There is also no evidence in his records that show he was wounded or treated for wounds as a result of hostile action.
4. The applicant's name is not shown on any Casualty Reports at the Human Resources Command, Alexandria, Virginia.
5. The applicant submitted copies of DD Forms 600 which show that on
26 June 1991, during training, the applicant was struck with a tree branch in his right eye and that a twig was embedded into his eye. He was treated for corneal abrasion by cleaning out his eye and wearing an eye patch. He further followed up with the treatment due to an eye infection the next day.
6. The applicant submitted copies of DD Forms 689 which also show that on
26 June 1991, while on patrol training, a twig became embedded into the applicants right eye. It further states that a period of time passed before the twig fell out of the applicants eye.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 military medical personnel, and the medical treatment must have been made a matter of official record
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the Purple Heart.
2. There are no general orders that show the applicant was awarded the Purple Heart; there is no evidence in his records which shows that he was wounded or injured as a result of hostile action or treated for such wounds; and the applicant's name is not listed on the Human Resources Command Casualty Roster. In the absence of evidence that the applicant was wounded or injured while in action against an enemy or as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__amc___ __lmd___ __jcr___ 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.
Ann M. Campbell
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070007190
SUFFIX
RECON
DATE BOARDED
20071002
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(DENY)
REVIEW AUTHORITY
ISSUES 1.
107.0000
2.
3.
4.
5.
6.
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