IN THE CASE OF:
BOARD DATE: 27 July 2010
DOCKET NUMBER: AR20100007185
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 issuance of the Purple Heart and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was hospitalized for 1 week while stationed in Ethiopia in 1962. He was sent a certificate awarding him the Purple Heart and medal approximately around 1968 or 1969.
3. The applicant provides a copy of his DD Form 214.
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 applicant's 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 applicant's 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 military records show he enlisted in the Regular Army in pay grade E-1 on 15 June 1960 for 3 years. He completed training and was assigned military occupational specialty 058.30 (Morse Intercept Technician). He served in Ethiopia from 1 May 1961 to 17 March 1963.
3. He was honorably released from active duty in pay grade E-5 on 19 March 1963 as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Reinforcement). He was credited with 2 years, 9 months, and 5 days of net active service.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Good Conduct Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).
5. There are no entries in sections 7 (Combat Record) and 8 (Wounds Received Through Enemy Action) of his DA Form 24 (Service Record) showing he served in combat, was wounded as a result of enemy action, or hospitalized during his period of service in Ethiopia. Section 9 (Medals, Decorations, and Citations) of his DA Form 24 contains no entry showing he was awarded the Purple Heart.
6. There are no orders in his military personnel records awarding him the Purple Heart.
7. Army Regulation 600-8-22 (Military Awards) specifies 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:
1. His claim of entitlement to the Purple Heart was carefully considered. In order to support award of the Purple Heart, there must be evidence confirming that the wound for which the award is being made was received as a direct result of or was caused by enemy action, that the wound was treated by medical personnel, and that a record of this treatment must have been made a matter of official record.
2. He submitted no evidence showing he was wounded as a result of hostile action, received medical treatment, and that the treatment was made a matter of record. The evidence of record contains no orders or other documents confirming he was wounded as a result of direct or indirect combat operations while serving in Ethiopia.
3. Therefore, absent corroborating evidence confirming his contention (chain-of-command supporting letters, etc.), the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.
4. In order to justify correction of a military record, he applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. Based on the evidence in this case, he is not entitled to award of the Purple Heart and its addition to his DD Form 214.
5. In view of the foregoing, there is no basis for granting his request.
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) AR20100007185
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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