IN THE CASE OF:
BOARD DATE: 28 October 2010
DOCKET NUMBER: AR20100013406
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 DD Form 214 (Report of Separation from Active Duty) to show award of the Purple Heart.
2. The applicant states he was awarded the Purple Heart in 1974. He contends that he was involved in an accident while in a convoy on the way to a Reforger exercise while stationed in Germany. The convoy pulled to the side of the road because one vehicle was overheating and a German milk tanker slammed into the back of the wrecker, killing a Soldier and injuring others. He was thrown out of the truck and suffered a major cut on the head which required several stitches.
3. The applicant provides a copy of his DD Forms 214 for the period ending
12 January 1976 and 12 January 1980.
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 31 July 1972. He completed initial entry training and he was awarded military occupational specialty (MOS) 31M (Radio Relay Carrier and Attendant). On 15 November 1975, he was awarded MOS 76Y (Unit Supply Specialist). On 12 January 1976, he was discharged for the purpose of immediate reenlistment. His DD Form 214 for this period of service does not show the Purple Heart. He reenlisted on 13 January 1976 for 4 years.
3. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Germany from 3 April 1973 through 10 February 1976 and from 8 December 1977 through 3 December 1979. Item 9 (Awards, Decorations, and Campaigns) does not show the Purple Heart.
4. On 12 January 1980, he was honorably released from active duty by reason of completion of required service. The DD Form 214 for this period of service does not show the Purple Heart.
5. There are no orders or any other documentation in the applicant's records showing he was awarded or recommended for the Purple Heart or that he was ever wounded or injured as a result of hostile action.
6. Army Regulation 600-8-22 (Military Awards) states 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 by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show the Purple Heart has been carefully reviewed.
2. There is no evidence of record and the applicant did not provide any evidence that show he was ever wounded or injured as a result of hostile action as outlined in the governing regulation. As the applicant acknowledged, he was injured when a German milk tanker accidently slammed into the back of the wrecker. It occurred during a peacetime training exercise, not through hostile action.
3. In view of the foregoing, there is no basis to grant the applicant's 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) AR20100013406
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100013406
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2003 | 2003087859C070212
He was attacked by an enemy truck similar to the trucks reported to be carrying firebombs. 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. However, he has provided no evidence to show that his vehicle accident was the result of hostile action.
ARMY | BCMR | CY2006 | 20060009401
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 February 2007 DOCKET NUMBER: AR20060009401 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. The applicant states, in effect, that he earned the Purple Heart and it is not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). There are no orders in the applicants...
ARMY | BCMR | CY2008 | 20080016735
IN THE CASE OF: BOARD DATE: 26 February 2009 DOCKET NUMBER: AR20080016735 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty); an unauthenticated DA Form 4187 (Personnel Action); a DA Form 2173 (Statement of Medical Examination and Duty Status), dated 26 September 2004; a Standard Form 600 (Chronological Record of Medical Care), dated 23 September 2004; an undated DA Form 2823 (Sworn Statement); a DA...
ARMY | BCMR | CY2012 | 20120018508
The sworn statement he provided shows the convoy was hit with RPG's after the collision. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * injury caused by enemy bullet, shrapnel, or other projectile created by enemy action * injury caused by enemy-placed mine or trap *...
ARMY | BCMR | CY2013 | 20130014179
The applicant requests correction of his record to show award of the Purple Heart. The applicant's injuries were the result of a accident and, therefore, the award of the Purple Heart could not be authorized. The available documentation does not support the applicant's request for award of the Purple Heart.
ARMY | BCMR | CY2008 | 20080008343
IN THE CASE OF: BOARD DATE: 23 September 2008 DOCKET NUMBER: AR20080008343 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, award of the Purple Heart (PH). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding her the Purple Heart, for being wounded in action in Iraq on 22 March 2003; by adding the Purple Heart to Item 13 of her 12 June 2005 DD Form 214; and by providing her a...
ARMY | BCMR | CY2009 | 20090000308
He further requests that he and two other occupants, Captain (CPT) C---------- J---- and Specialist (SPC) C---------- D----, of the vehicle which he was driving be awarded the Combat Action Badge (CAB). The applicant's records also do not contain any evidence that indicate he was ever recommended for or awarded the PH by proper authority while serving on active duty. A DA Form 2173, dated 25 September 2007, and signed by the unit commander who was also an occupant in the vehicle driven by...
ARMY | BCMR | CY2008 | 20080010229
The applicant requests reconsideration of the Boards denial of his request that the incident report for a HMMWV (military vehicle) crash be corrected from showing that it was accidently caused, to that it was intentionally caused. The applicants request to change Army records to reflect that the incident resulting in the FSMs death was an intentional act and not an accident was noted in the Record of Proceedings, but the ABCMR did not grant relief on that claim, Making such changes would...
ARMY | BCMR | CY2008 | 20080013199
The applicant provides: a. The applicants records show he reported to the medical clinic following an insurgent incident. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2011 | 20110014006
His truck was hit and glass flew in his face. He served in Vietnam from on or about 3 November 1966 to on or about 6 August 1967. Notwithstanding the applicant's contention and sincerity, in the absence of documentation that shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.