IN THE CASE OF:
BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100011672
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 he received glass shrapnel in the eye during hand to hand combat while defending fellow Soldiers who were attacked in the public during the cold war. He contends that it was never annotated because the surgery took place in a civilian hospital.
3. The applicant provides no additional evidence in support of this application.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel did not provide additional evidence or argument in support of this 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 available active duty records consist only of his DD Form 214 (Certificate of Release or Discharge from Active Duty). This case is being considered solely based on his DD Form 214.
3. He enlisted in the Regular Army on 16 July 1984 and upon completion of initial entry training was awarded military occupational specialty 16R (Vulcan Crewmember).
4. He was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 15 May 1987. His DD Form 214 shows he completed 2 years and 10 months of active duty service.
5. There is no evidence in his available records showing he was ever wounded or injured as a result of hostile action. There is no evidence of record showing he was treated for such wounds or injuries.
6. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member who, while serving under competent authority in any capacity with one of the Army Services, has been wounded or killed or who has died or may hereafter die after being wounded:
(1) In any action against an enemy of the United States;
(2) In any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged;
(3) While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party;
(4) As a result of an act of any such enemy of opposing armed forces;
(5) As a result of an act of any hostile foreign force;
(6) After 23 March 1973, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as
such an attack by the Secretary of the Army, or jointly by the Secretaries of the separate armed services concerned if persons from more than one service are wounded in the attack;
(7) After 28 March 1973, as a result of military operations while serving outside the territory of the United States as part of a peacekeeping force; or
(8) Members killed or wounded by friendly fire.
Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to the Purple Heart has been carefully considered.
2. There is no evidence in his available records showing he was ever wounded or injured as a result of hostile action as outlined in the governing regulation. There is no evidence of record showing he was treated for such wounds or injuries and he has not provided any substantiating evidence to support his claim.
3. Based on the above, there is no basis to grant the requested relief.
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) AR20100011672
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100011672
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