IN THE CASE OF:
BOARD DATE: 8 November 2011
DOCKET NUMBER: AR20110010613
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 correction of his records to show award of the Purple Heart.
2. The applicant states:
* he should have received the Purple Heart for his right knee injury
* he injured his knee jumping out of a five ton truck during a mortar attack in combat
3. The applicant provides:
* self-authored statements
* witness statement
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 enlisted in the U.S. Army National Guard on 30 December 1998. He completed training and was awarded military occupational specialty 13F (Fire Support Specialist). The highest rank/grade he attained while on active duty was sergeant/E-5.
3. Records show the applicant was ordered to active duty in support of Operation Iraqi Freedom on 12 October 2003, served in Iraq from 3 April 2004 through 15 October 2004, and was released from active duty on 6 February 2005.
4. There is no evidence in the available record showing he was awarded the Purple Heart.
5. There are no medical documents in the available record 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.
6. The applicant provides self-authored statements and a witness statement. The witness states he saw the applicant get injured during a mortar attack.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 by military personnel, and the medical treatment must have been made a matter of official record. This regulation also provides, in pertinent part, 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 for award of the Purple Heart was carefully considered.
2. Although the applicant provided a witness statement attesting to his injury, evidence shows he sustained his injury jumping out of a five ton truck. While this incident occurred in Iraq, it was clearly the result of an 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. This action in no way diminishes the sacrifices made by the applicant 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) AR20110010613
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ABCMR Record of Proceedings (cont) AR20110010613
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