IN THE CASE OF:
BOARD DATE: 18 November 2010
DOCKET NUMBER: AR20100014493
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart for wounds received during active duty in the Republic of Vietnam.
2. The applicant states he was wounded on 13 February 1967 through no fault of his own while on active duty in the Republic of Vietnam. As a result he is 40 percent (%) disabled in his left leg. He also contends that he was never informed of the results of the investigation concerning the shooting.
3. The applicant provides a copy of his DD Form 214, a DA Form 8-275-3 (Clinical Record Cover Sheet), and a Standard Form (SF) 502 (Clinical Record - Narrative Summary).
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 was inducted into the Army of the United States on 3 January 1966 for a period of 2 years. He completed his initial training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. On 21 May 1966, the applicant departed Fort Polk, LA, for duty in the Republic of Vietnam. On 19 June 1966, he was assigned as a rifleman with
C Company, 1st Battalion, 18th Infantry Regiment.
4. The applicant provides a DA Form 8-275-3, dated 20 February 1967, that reports he had been shot in his left leg on 13 February 1967 while going to the shower when his buddy's weapon accidentally discharged. A line of duty investigation was pending.
5. On or about 21 February 1967, the applicant was medically evacuated from the theater. He was assigned as a patient to DeWitt Army Hospital, Fort Belvoir, VA.
6. On 6 May 1967, the applicant was assigned to the 6th Cavalry Regiment located at Fort George G, Meade, MD.
7. On 16 December 1967, the applicant was released from active duty and he was transferred to the U.S. Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He had attained the rank/grade of specialist four (SP4)/E-4. He completed 1 year, 11 months, and 14 days of total active service with no time lost.
8. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.
9. The applicant's DA Form 20 (Enlisted Qualification Record) shows:
a. in Item 40 (Wounds) no entry, and
b. in Item 41 (Awards and Decorations) the same awards already shown on his DD Form 214.
10. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. 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.
11. Army Regulation 600-8-22 further provides for award of the Purple Heart to individuals wounded or killed as a result of friendly fire in the heat of battle as long as the friendly projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.
2. The available evidence clearly shows that the applicant was not wounded as a result of hostile enemy action. Rather, records show he was wounded when his buddy's weapon accidently discharged. Therefore, he does not meet the minimum criteria for award of the Purple Heart as a result of hostile action or friendly fire.
3. In view of the foregoing, there is no basis for granting 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.
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