IN THE CASE OF:
BOARD DATE: 19 April 2011
DOCKET NUMBER: AR20100025426
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 shrapnel wounds to his left shoulder and back area. In addition, he wants any medals, awards, or unit citations to which he may be entitled.
3. The applicant provides no additional evidence in support of his 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. He enlisted in the Regular Army on 13 September 1974 for a period of
2 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 11E (Pershing Missile Crewman).
3. He was assigned to Battery D, 2nd Battalion, 1st Air Defense Artillery in Germany from 21 March 1975 to 10 February 1976.
4. On 11 February 1976, he was discharged under the Expeditious Discharge Program with a general discharge. He completed 1 year, 4 months, and 26 days of active service that was characterized as under honorable conditions.
5. His service medical records were not available for review.
6. Army Regulation 635-200 (Personnel Separations), then in effect, provided for the discharge of enlisted personnel under the Expeditious Discharge Program) who had completed at least 6 months, but less than 36 months of active duty and who had demonstrated that they could not or would not meet acceptable standards required of enlisted personnel in the Army, because of the existence of one or more of the following conditions: poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally, or failure to demonstrate promotion potential.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not indicate the date or the geographic location he was in when he was wounded. His service medical records were not available for review. There is no evidence he was wounded as a result of hostile action, treated for the wound, and the treatment made a matter of official record. Therefore, there is insufficient basis on which to award the Purple Heart in this case.
2. There is no evidence of his unit having received any awards during the time he was assigned to the unit. His military personnel records jacket does not contain any orders for decorations or other awards during his enlistment.
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) AR20100025426
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ABCMR Record of Proceedings (cont) AR20100025426
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