BOARD DATE: 16 July 2009
DOCKET NUMBER: AR20090004932
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 award of the Purple Heart.
2. The applicant states that he earned the honor of the Purple Heart because he was injured in the line of duty during wartime in Operation Iraqi Freedom.
3. The applicant provides copies of his service medical records and his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
The Disabled American Veterans, as counsel for the applicant, was notified of the applicant's pending review by the Board; however, no brief was submitted.
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 enlisted in the Regular Army on 24 January 2002. He served as a chemical operations specialist in Iraq from 7 April 2003 to 6 April 2004 and was honorably released from active duty on 23 January 2006.
3. The applicant's DD Form 214 does not show the Purple Heart as an authorized award.
4. There are no orders for the Purple Heart in the available records.
5. In support of his claim, the applicant provided an AF Form 3899 (Aeromedical Evacuation Patient Record), dated 22 October 2003, which shows he was treated for a finger laceration from a knife puncture wound. This record states in item 18 that it was a non-battle injury.
6. Army Regulation 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 by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
The applicant's contention was noted. However, the medical evidence of record shows he was treated for a non-battle injury (finger laceration). There is no evidence in the applicant's service personnel record which shows that he was wounded or injured a result of hostile action in Iraq. Therefore, there is insufficient evidence on which award the Purple Heart.
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) AR20090004932
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