IN THE CASE OF:
BOARD DATE: 14 June 2011
DOCKET NUMBER: AR20110001176
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 while on the live fire range in the Republic of Korea, he was hit in the face when the weapon misfired leaving a scar on his left eye ball.
3. The applicant provides medical records from the date the alleged incident occurred and follow-on treatments.
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's current DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he last reenlisted on 12 May 1976.
3. The applicants DA Form 2-1 (Personnel Qualification Record) shows he served in the Republic of Korea from 12 September 1963 to 22 September 1964.
4. The applicant provided medical documents which show he was treated for an injury; however, there was no annotation by medical personnel that indicated the applicant was wounded by enemy action or combat-related force.
5. There is no evidence in the applicant's record confirming the applicant was in any action with an opposing foreign armed force or wounded in action in the Republic of Korea.
6. On 31 May 1985, the applicant honorably retired from active duty. Item
13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following:
* Army Commendation Medal (2 Oak Leaf Clusters)
* Good Conduct Medal (8th Award)
* National Defense Service Medal
* Vietnam Service Medal
* Meritorious Unit Commendation
* Non-Commissioned Officer (NCO) Professional Development Ribbon (1)
* Army Service Ribbon
* Overseas Service Ribbon (3)
* Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge (M-16)
7. 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 in order to award the Purple Heart there must be evidence of 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 the medical treatment was made a matter of official record.
8. Army Regulation 600-8-22 further states that injuries or wounds which clearly do not qualify for award of the Purple Heart are 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 for award of the Purple Heart was carefully considered and it was determined that there is insufficient evidence to support this request.
2. By regulation, in order to support award of the Purple Heart the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action. The member must have required medical treatment by military medical personnel; and this medical treatment must have been made a matter of official record.
3. The applicant stated that his injury occurred as a result of a weapon malfunctioning. Accidents, to include explosive, aircraft, vehicular, and other accidental wounding do not warrant award of the Purple Heart. 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.
4. 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 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) AR20110001176
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110001176
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080019617
IN THE CASE OF: BOARD DATE: 30 APRIL 2009 DOCKET NUMBER: AR20080019617 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There are no general orders in the applicants service personnel records that show he was awarded the Purple Heart. There also is no evidence in his service personnel records that shows that he was treated for wounds as a result of hostile action in Vietnam.
ARMY | BCMR | CY2011 | AR20080017432
The applicant requests, in effect, correction of his records to show award of the Purple Heart. The applicant's military personnel records contain a copy of his DD Form 214 that shows he entered active duty this period on 13 February 1964. There is no evidence in the applicants military personnel records that shows he was wounded or treated for wounds as a result of hostile action; his DA Form 20 does not show an entry in item 40 or list the Purple Heart in item 41; his DA Form 2-1 does...
ARMY | BCMR | CY2010 | 20100010817
His name is not shown on the Vietnam casualty roster, his DA Form 20 does not document any combat wounds, and there is no other evidence in his service records that shows he was wounded or injured as a result of hostile action or treated for such wounds. Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a...
ARMY | BCMR | CY2010 | 20100016783
His DA Form 20 does not show he was wounded in action, and his service record is void of orders that show he was awarded the Purple Heart. There is no evidence in the applicant's records that show the hospital commander awarded him the Purple Heart. With respect to the applicant's argument that other Soldiers received the Purple Heart as a result of friendly accidents, the ABCMR decides cases on the evidence of record and each case is considered on its own merits.
ARMY | BCMR | CY2007 | 20070008513
The applicant's military records are not available for review. Army Regulation 600-8-22 states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. 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 to show award of the Purple Heart or change Item 29 of his DD Form 214.
ARMY | BCMR | CY2011 | 20110023324
The applicant requests 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 it. Nothing in five typical documents show he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: * Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury * His records do not contain general orders authorizing him award of the Purple Heart * His name is not shown on the...
ARMY | BCMR | CY2010 | 20100019277
Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. The evidence of record shows the applicant served a qualifying period of service for award of the National Defense Service Medal. Notwithstanding the applicant's sincerity, in the absence of official documentary evidence such as operation orders, morning reports, after action reports, official orders to corroborate the events that led to his alleged injury, or additional documentation that conclusively shows...
ARMY | BCMR | CY2011 | 20110010253
Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, 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. With respect to the second period of service, the evidence of records shows the applicant suffered an accidental self-inflicted wound that led to his medical evacuation, treatment,...
ARMY | BCMR | CY2008 | 20080019095
The applicant's military personnel records contain a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows he entered active duty on 15 April 1963. A thorough review of the applicants military personnel records revealed that there are no orders in the applicants records that show he was awarded the Purple Heart. There is no evidence in the applicants military personnel records that shows he was wounded or treated for wounds as a result of...
ARMY | BCMR | CY2011 | 20110002218
The applicant's records show he was inducted into the Army of the United States on 6 July 1967. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound and item 41 (Awards and Decorations) of this form does not show award of the Purple Heart. Notwithstanding his sincerity, in the absence of official documentary evidence such as operation orders, morning reports, after action reports, official orders to corroborate the events that led to his alleged...