RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 March 2008
DOCKET NUMBER: AR20070018451
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.
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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, in effect, that the Purple Heart be added to his DD Form 214, Report of Separation from Active Duty.
2. The applicant states, in effect, that the Purple Heart was not listed on his DD Form 214. Because, he adds, he has a Purple Heart, he wants it listed on his DD Form 214.
3. The applicant provided no additional documentation in support of his request.
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 evidence shows the applicant enlisted in the Regular Army for 3 years with a station of choice enlistment option for assignment to the 1st Cavalry Division, Fort Hood, Texas. He successfully completed basic combat training at Fort Polk, Louisiana, and was assigned to undergo advanced individual training as a Light Weapons Infantryman at Fort Polk. The applicant was not successful and was recycled to complete his infantry training at Fort Hood. On completion of his advanced training, he was awarded the military occupational specialty 11B, Light Weapons Infantryman.
3. Item 5 (Overseas Service), of the applicant's DA Form 2-1, Personnel Qualification Record, is blank indicating the applicant had no overseas service.
4. Item 38 (Record of Assignments), DA Form 2-1, shows the applicant served at only two installations while he was on active duty Fort Polk and Fort Hood.
There is no evidence the applicant was ever assigned to an OCONUS (outside of the Continental United States) location.
5. The applicant was discharged from the Regular Army on 6 June 1975, in the rank and pay grade of Private, E-2, and was issued a general, under honorable conditions, discharge. On the date of his discharge, the applicant had completed 5 months, and 14 days active military service, with 12 days lost due to absence without leave.
6. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was awarded the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-16 Rifle). No other awards are shown.
7. Army Regulation (AR) 600-8-22 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, and the medical treatment must have been made a matter of official record. This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. To be awarded the Purple Heart, substantiating evidence must be provided to verify that a wound was received as a result of enemy action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
2. The applicant's service personnel record fails to show he served in an OCONUS location during his short and undistinguished Regular Army service of 5 months and 14 days. There is also no evidence he came in contact with an enemy of the United States within the United States in such a way that he could have sustained a wound that might have required medical treatment.
3. The applicant's service records show that the only installations at which he served were Fort Polk and Fort Hood. The applicant's primary duty positions throughout his service were those of "trainee."
4. Based on the evidence in this case, the applicant is not entitled to award of the Purple Heart and to have it added to his DD Form 214.
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.
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CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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