IN THE CASE OF:
BOARD DATE: 13 May 2008
DOCKET NUMBER: AR20080003488
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his military records to show award of the Purple Heart.
2. The applicant states that he was hurt in a vehicular accident in Sarajevo, Bosnia-Herzegovina in January 1997. He further states that his injuries occurred while he was driving a military vehicle during authorized movement from one operations base to another operations base. It was determined that the driver of the vehicle that caused the accident did not use any brakes resulting in extensive damage.
3. The applicant provides copies of assignment orders, Noncommissioned Officer Evaluation Report, Letter, United States Army Physical Disability Agency, and extracts of medical treatment records, Department of Veterans Affairs Rating Decision, and two unsigned and undated statements of support.
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. On 26 December 1978, the applicant enlisted in the Regular Army. He served through a series of enlistments and retired for length of service on 31 December 2002. He had attained the rank of sergeant first class, pay grade E-7, and had completed 24 years and 5 days of creditable active duty.
3. On 16 December 1996, the applicant was placed on temporary duty for a period of 6 months in Sarajevo-Bosnia-Tuzla.
4. On 7 April 1997, the applicant received medical treatment at the Mannheim Health Clinic, in the Federal Republic of Germany. The record indicates that the applicant was involved in a motor vehicle accident in January 1997 in Bosnia resulting in neck and shoulder pain.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicants Certificate of Release or Discharge from Active Duty (DD Form 214) list his awards as the National Defense Service Medal (two awards), Army Commendation Medal (three awards), Army Achievement Medal (seven awards), Joint Service Achievement Medal, Army Good Conduct Medal (seven awards), Armed Forces Service Medal, Humanitarian Service Medal, Noncommissioned Officer Professional Development ribbon with Numeral Three, Army Service ribbon, Overseas Service Ribbon with Numeral Four, North Atlantic Treaty Organization Medal, Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Air Force Outstanding Unit Award. It does not show award of the Purple Heart.
6. 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
There are no general orders that show the applicant was awarded the Purple Heart. The evidence provided by the applicant shows that he had sustained an injury while assigned in Sarajevo, Bosnia-Herzegovina in January 1997. However, there is no evidence showing that his injuries were the direct result of enemy action. Therefore, the applicant's request for award of the Purple Heart should be denied.
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.
_ ___X____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080003488
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