IN THE CASE OF:	  

		BOARD DATE:	    15 February 2011

		DOCKET NUMBER:  AR20100020659 


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, in effect, award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  He states his record is in error because he was wounded during combat while serving in Santo Domingo in 1965.  He states the incident occurred 45 years ago and he cannot recall the names of the lieutenant or sergeant with whom he served.  He adds he suffers from post-traumatic stress disorder and has been stressed about killing children for 45 years.

3.  He provides no additional evidence.

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.  His record shows he enlisted in the Regular Army on 19 February 1963.  The highest rank/grade he attained while serving on active duty was private first class/E-3.  On 21 February 1966, he was released from active duty under honorable conditions and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his reserve obligation.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Dominican Republic from 2 May 1965 through 2 December 1965.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his tour of duty in the Dominican Republic, he was assigned to Company C, 1st Battalion, 325th Infantry Regiment, as an automatic rifleman.  It does not show he was placed in a patient status at a medical treatment facility at any time during his period of service.

5.  Item 40 (Wounds) of his DA Form 20 is blank.

6.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.

7.  His record contains:

	a.  two Standard Forms 600 (Chronological Record of Medical Care) which show he accidentally stabbed himself in his right thigh with a bayonet on 27 May 1965 while serving in the Dominican Republic;

	b  a Standard Form 88 (Report of Medical Examination) rendered during his physical examination prior to being released from active duty which shows he had no defects or diagnoses at the time of his separation; and

	c.  a Standard Form 89 (Report of Medical History) rendered during his physical examination prior to being released from active duty whereon he indicated he had a bayonet wound on his right thigh and a boil on his right kneecap.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart.

9.  There is no evidence in the available record and he has not provided any evidence showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

10.  Army Regulation 600-8-22 (Military Awards) provides that 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.  This regulation also 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.  It also provides examples of injuries or wounds which clearly do not justify award of the Purple Heart.  This includes accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his record be corrected to show he was awarded the Purple Heart was carefully considered.

2.  The available evidence shows he sustained a bayonet wound to his right thigh.  Although this incident occurred in the Dominican Republic, it was clearly the result of a self-inflicted accident.  Accidental injuries not related to or caused by enemy action do not meet the eligibility criteria for award of the Purple Heart.  Absent evidence which conclusively shows the applicant sustained wounds or injuries as a result of hostile action or as a result of "friendly fire" in the "heat of battle," that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding him the Purple Heart in this case.

3.  There is no evidence in the available record and the applicant has not provided sufficient evidence which shows he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.  Accordingly, based on the foregoing there is insufficient evidence to award him 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 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)                                         AR20100020659



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ABCMR Record of Proceedings (cont)                                         AR20100020659



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