BOARD DATE:	  23 May 2013

		DOCKET NUMBER:  AR20120018359 


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 sustained stab wounds from a German prisoner of war (POW) on an unspecified date.  He is aware that the incident occurred after Germany surrendered to end World War II; however, the wound was caused by a POW.  Consequently, he is entitled to the Purple Heart.

3.  The applicant provides a copy of a letter from the Chief, Awards and Decorations Branch, U.S. Army Human Resource Command (USA HRC), Fort Knox, KY, dated 10 March 2011.

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 had prior honorable enlisted service in the U.S. Air Corps from
5 September to 23 December 1946.

3.  The applicant enlisted in the Regular Army (RA) on 1 July 1948.  He was awarded military occupational specialty 0505 (Truck Driver, Light).

4.  A review of the applicant's records show he served overseas in Germany; however, the dates of service are not specified.

5.  A War Department - Medical Department Form Number 62 shows the applicant was treated for two stab wounds to his left upper arm on 15 May 1949.

6.  The applicant was discharged from the RA on 13 January 1950.

7.  On 19 December 1977, the applicant applied to the Army Discharge Review Board (ADRB) requesting an upgrade of his discharge.  In his letter to the ADRB, the applicant stated "the day or two before we were to go to the field I was knifed in the barracks before six people playing cards without provocation.  I was taken to the station hospital at Stuttgart, Germany and was treated and my arm was placed in a sling."

   a.  On 14 November 1979, the ADRB notified the applicant that his discharge was changed to under honorable (general) conditions and he was issued a new DD Form 214 (Certificate of Release or Discharge from Active Duty).

   b.  The applicant's DD Form 214 shows he entered active duty on 1 July 1948 and he was discharged under honorable condition on 13 January 1950.  He completed 1 year, 6 months, and 3 days of net active service this period that included 9 months and 1 day of foreign service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army of Occupation Medal.

   c.  The voided DD Form 214 (Report of Separation from the Armed Forces of the United States) shows in item 29 (Wounds Received as a Result of Action with Enemy Forces) the entry "None."

8.  A review of the applicant's military personnel records revealed the following responses to his requests for award of the Purple Heart:

   a.  On 25 March 1992, the Chief, Special Actions Division, Veterans Services Directorate, U.S. Army Reserve Personnel Center, St. Louis, MO, responded to United States Senator Daniel P. M----- concerning the applicant's claim to the Purple Heart.
    	(1)  The applicant stated he was "wounded by a German POW…used by military command on base in Germany while in charge of quarters duty."  He noted that a U.S. Navy sailor, who was returning from training in Greece, was shot by a terrorist on a Pam Am flight and he was awarded the Purple Heart.
   
    	(2)  He was informed that a review of the applicant's records show he was hospitalized for a non-battle injury; therefore, there is no authority whereby the applicant may be awarded the Purple Heart;

   b.  On 23 June 1992, the Chief, Special Actions Division, Veterans Services Directorate, U.S. Army Reserve Personnel Center, St. Louis, MO, informed the applicant that a statement the applicant submitted to the ADRB indicated he was "knifed in the barracks before six people playing cards."  Since this knifing did not involve an attack by an enemy to this country, he was not authorized the Purple Heart; and

   c.  On 10 March 2011, the Chief, Awards and Decorations Branch, USA HRC, Fort Knox, KY, responded to the applicant's letter to the President of the United States.  It was noted the applicant received two stab wounds in 1949; however, they were not the direct result of enemy action.  As a result, he was not authorized award of the Purple Heart.

9.  Army Regulation 600-8-22 (Military Awards) provides the policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Purple Heart is awarded to any member who, while serving under competent authority in any capacity with one of the Armed Services, has been wounded or killed or who has died or may hereafter die after being wounded:

	 	(1)  In any action against an enemy of the United States;
      
	 	(2)  In any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged;

	 	(3)  While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party;

	 	(4)  As a result of an act of any such enemy of opposing armed forces;

	 	(5)  As a result of an act of any hostile foreign force;

	 	(6)  After 23 March 1973, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of the Army, or jointly by the Secretaries of the separate armed services concerned if persons from more than one service are wounded in the attack;

	 	(7)  After 28 March 1973, as a result of military operations while serving outside the territory of the United States as part of a peacekeeping force; or

	 	(8)  Members killed or wounded by friendly fire.
      
	b.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Purple Heart because he sustained stab wounds from an enemy POW in post-World War II Germany.

2.  Records show the applicant was treated on 15 May 1949 for two stab wounds to his left upper arm.

3.  On 19 December 1977, the applicant indicated in his statement to the ADRB that he was "knifed in the barracks before six people playing cards."


4.  There is no evidence of record that shows the applicant was wounded by an enemy POW, as a result of an act of any enemy or hostile foreign force, or as a result of an international terrorist attack.  In addition, it is noted that award of the Purple Heart based on an international terrorist attack is authorized for such attacks occurring after 23 March 1973 (emphasis added).

5.  A thorough review of the applicant's military service records failed to produce any evidence to satisfy the strict requirements for award of the Purple Heart.

6.  Therefore, in view of all of the foregoing, there is insufficient evidence to support the applicant's claim to the Purple Heart.



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)                                         AR20120018359



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ABCMR Record of Proceedings (cont)                                         AR20120018359



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