BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110012980 


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 wounded in 1967 on the demilitarized zone in Korea.  He had just returned from a day patrol and he was in the arms room with seven other Soldiers when something hit the floor, someone yelled grenade, and a grenade exploded.  The impact blew him through a steel wall.  He was taken to the hospital but cannot remember how long he spent there.  He could not walk for quite awhile and his hearing was really bad.  Later he found out the North [Koreans] were trying to obtain a scope from them.  He heard they had spies in the company and finally got the scope they wanted by blowing up one of their own and grabbing the scope. 

3.  The applicant provides one page of his DA Form 20 (Enlisted Qualification Record).

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 applicant's records show he was inducted into the Army of the United States on 17 June 1966 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Korea from 31 October 1966 to 21 November 1967 while assigned to the 3rd Battalion, 23rd Infantry, 2nd Infantry Division.

3.  His records contain a Department of the Army (DA) message, dated 18 July 1967, wherein it stated the applicant received multiple wounds on that date to both his legs and arm.  [The Applicant] was a member of a patrol coming off duty when a grenade was carried into the debriefing room by an unknown member of the patrol.  The grenade exploded injuring six members of the patrol.  His condition was listed as guarded and an early recovery was expected. 

4.  A second DA message, dated 24 July 1967, stated the applicant's condition was excellent, his prognosis was favorable, and the wounds in both his legs and arm were superficial.  Evacuation to the continental United States was not contemplated.

5.  He was honorably released from active duty on 16 June 1968 and transferred to the U.S. Army Reserve.  He completed 2 years of creditable active service.

6.  There are no orders in his records showing award of the Purple Heart.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart.

8.  Item 40 (Wounds) of his DA Form 20 contains the entry "shrapnel wounds in feet, legs, and left arm, 18 July 1967."

9.  There is no medical evidence in his available record that shows he was wounded as a result of hostile action while in an active duty status.

10.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart pertaining to the applicant.
11.  Army Regulation 600-8-22 (Military Awards) provides that 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 by medical personnel, and the medical treatment must have been made a matter of official record.

12.  Included as part of the Department of Defense Appropriations Act for Fiscal Year 1994 (DODAA for FY 1994) was an amendment to the rules governing award of the Purple Heart.  While the original rules established that the Purple Heart would be awarded to individuals killed or wounded as a result of hostile action, the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapon fire, while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States.  This ruling, in effect, granted the Service Secretaries the authority to award the Purple Heart to individuals directly engaged in armed conflict that were killed or wounded as a result of "friendly fire."

13.  As a result of the DODAA for FY 1994, Army Regulation 600-8-22 was amended and, in pertinent part, provides 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.  However, consistent with any award of the Purple Heart, substantiating evidence must be provided to verify that the wound was sustained by "friendly fire" while in the "heat of battle," the wound must have required treatment, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  In order to substantiate a claim for award of the Purple Heart, documentary evidence must be provided to verify that the wound was the result of hostile action or as a result of "friendly fire" in the "heat of battle," the wound must have required treatment, and the medical treatment must have been made a matter of official record.  

2.  The evidence of record shows the applicant sustained injuries to his legs and arm as the result of a grenade explosion caused by "friendly fire."  The detonation of the grenade by a fellow Soldier appears to have been an accident. As this explosion was not the result of "friendly fire" while in the "heat of battle," it does not fit the criteria for award of the Purple Heart.  Therefore, he is not entitled to the requested relief.
3.  Nevertheless, the applicant and all others concerned should know that 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)                                         AR20110012980





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ABCMR Record of Proceedings (cont)                                         AR20110012980



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