IN THE CASE OF:
BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100024666
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 (PH).
2. The applicant states he was wounded in Afghanistan and awarded the PH.
3. The applicant provides no additional documents.
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 record shows he enlisted in the Regular Army on 12 August 1980. He was trained in and served in military occupational specialty 55B (Ammunition Specialist).
3. The applicant's DA Form 2A (Personnel Qualification Record) includes an entry in item 36 (Oversea Area) which shows he had no prior overseas service. Item 37 (Last Combat Tour) contains the entry "None."
4. The applicant's record is void of any orders or other documents that indicate he was ever awarded the PH by proper authority while serving on active duty. His record does not include any medical treatment records that indicate he was ever treated for a combat-related wound or injury while serving in Afghanistan or at any other time during his active duty service.
5. On 9 September 1981, the applicant was honorably discharged from active duty under the provisions of Army Regulation 635-200, paragraph 5-31(h)2 (Expeditious Discharge Program). The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to him at that time shows he completed 11 months and 8 days total active duty service of which none was foreign service.
6. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows he earned the Army Service Ribbon and Marksman Marksmanship Qualification Badge during his tenure on active duty.
7. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states that in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contentions that he was previously awarded the PH for wounds he received while serving in Afghanistan was carefully considered. However there is insufficient evidence to support this claim.
2. The evidence of record shows the applicant did not perform any overseas service or combat tours as evidenced by the entries contained on his
DA Form 2A. His record does not contain any orders to show he was awarded the PH nor does it include any medical evidence to show he was ever treated for a combat related wound throughout his military service.
3. By regulation, in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record. In this case, the evidence of record fails to corroborate the applicant's claim of entitlement to the PH.
4. Absent evidence of record to confirm the applicant sustained a combat-related wound as a result of enemy action, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.
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) AR20100024666
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ABCMR Record of Proceedings (cont) AR20100024666
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