BOARD DATE: 18 January 2012
DOCKET NUMBER: AR20110012645
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. He states that he received shrapnel to the forehead and is currently receiving treatment from the Department of Veterans Affairs. He didnt think that he would qualify for the Purple Heart.
3. He provides a copy of his DD Form 2697 (Report of Medical Assessment), dated 4 May 2004, and orders for the Meritorious Unit Commendation, dated 1 October 2009.
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 applicants military record shows he enlisted in the Iowa Army National Guard (IAARNG) on 28 September 1999 for 8 years. He completed training and was awarded military occupational specialty 71L (Administrative Specialist).
3. He was ordered to active duty in support of Operation Enduring Freedom and Iraqi Freedom and entered active duty on 15 March 2003. He served in Kuwait/Iraq from 13 June 2003 through 3 May 2004.
4. He provides a copy of a DD Form 2697, dated 4 May 2004, which shows in the block, "Have you suffered from any injury or illness while on active duty for which did not seek medical care?" he stated that he had a superficial cut on his forehead. His did not list the cause and date of the injury.
5. He was honorably released from active duty on 29 May 2004.
6. Item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not list the Purple Heart.
7. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record II) does not list the Purple Heart.
8. There are no orders in his service personnel records that show he was awarded the Purple Heart. There is also no evidence in his records that he was wounded or treated for wounds as a result of hostile action during his period of service in Kuwait/Iraq and the treatment was made a matter of official record.
9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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's claim of entitlement to the Purple Heart and the supporting evidence provided were carefully considered. However, by regulation, in order to support award of the Purple Heart, there must be evidence confirming that the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record.
2. The evidence of record contains no documents confirming that his alleged injury was caused by his participation in direct or indirect combat operations, that he received treatment by a medical officer, and that a record of medical treatment for wounds or injuries received in action was made a matter of official record at the time.
3. Therefore, absent corroborating evidence confirming the applicant's account of how he received his alleged injury, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20110012645
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