BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20110000705
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 was injured by an artillery round in Germany on 5 September 1960 and was treated at an Army Hospital in Nuremberg.
3. The applicant did not provide any 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. The record shows the applicant enlisted in the Regular Army on 29 June 1959. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 111 (Light Weapons Infantryman).
3. His DA Form 24 (Service Record) shows he served in Buedingen, Germany, from 15 November 1959 through 6 September 1962. Section 4 (Chronological Record of Military Service) shows he served in Troop C, 3rd Reconnaissance Squadron, 12th Cavalry, performing duties in MOS 111 as a rifleman during his tour of duty in Germany.
4. Section 8 (Wounds Received through Enemy Action) of his DA Form 24 is blank and the Purple Heart is not included in the list of awards contained in section 9 (Medals, Decorations, and Citations).
5. The record contains no documents or orders indicating the applicant was awarded the Purple Heart by proper authority while serving on active duty. A Standard Form 89 (Report of Medical History) shows the applicant was injured by a howitzer shell explosion on 2 September 1960 in Grafenwoehr, Germany.
6. The applicant's record contains a casualty message addressed to his parents, dated 2 September 1960, stating he was injured in Germany on 2 September 1960 during a training exercise.
7. On 26 July 1963, the applicant was discharged in the rank of private first class/E-3 after completing 4 years and 27 days of active military service. The applicant DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the Army Good Conduct Medal.
8. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-8 contains guidance on the Purple Heart. It states the Purple Heart is awarded to members wounded in action. It also states that in order to award the Purple Heart 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 military medical personnel; and a record of the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention he should be awarded the Purple Heart has been carefully considered. However, the evidence of record fails to support his claim.
2. By regulation, in order to support award of the Purple Heart the member must have been wounded in action. There must be evidence the wound for which the award is being made was received as a result of enemy action, the wound must have required medical treatment by military medical personnel, and this medical treatment must have been made a matter of official record.
3. The Standard Form 89 in the applicant's record shows he suffered a laceration from an explosion on 2 September 1960 during a training exercise. It does not indicate his injury was received as a result of enemy action. The record also contains no medical treatment records or other documents that confirm the applicant was ever wounded as a result of enemy action.
4. Further, the Purple Heart is not included in the list of earned awards in section 9 of his DA Form 24. As a result, absent any evidence of record confirming the laceration the applicant was treated for on 2 September 1960 was received as a result of enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been met. Therefore, it would not be appropriate to award the applicant the Purple Heart.
5. The applicant and all others concerned should know this action related to award of the Purple Heart in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20110000705
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