IN THE CASE OF:
BOARD DATE: 22 October 2013
DOCKET NUMBER: AR20130004973
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart.
2. The applicant states he was told that he was put in for the Purple Heart during Operation Just Cause but he never received it. He contends that he was injured while assaulting an objective on 26 December 1989 and that he was medically evacuated for treatment.
3. The applicant provides orders for the Combat Infantryman Badge, Army Commendation Medal, Army Achievement Medal Certificate, and a Standard Form (SF) 600 (Chronological Record of Medical Care).
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 enlisted in the Regular Army on 3 March 1980.
3. An SF 600 shows that he was treated for a laceration to the groin on
26 December 1989. This form also shows the applicant indicated the injury was caused by falling in a hole while running. This form does not indicate the injury was as a result of hostile actions.
4. There are no orders or any other evidence in his military records that show he was recommended for or awarded the Purple Heart or evidence showing he was treated for a an injury which was caused by enemy hostile actions.
5. He retired on 31 March 2000. The Purple Heart is not listed on his DD Form 214 as an authorized award.
6. He provides orders for the Combat Infantryman Badge, Army Commendation Medal, and an Army Achievement Medal Certificate. He received these awards between 11 May 1989 and 20 January 1990. These orders and certificate do not show he was injured as a result of hostile action.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show the Purple Heart has been carefully considered.
2. There are no orders or any other evidence in his military records that show he was recommended for or awarded the Purple Heart. There is also no evidence showing he was treated for an injury which was caused by hostile actions.
3. The governing regulation requires that substantiating evidence must be provided to verify the injury was the result of hostile action. In the absence of such corroborating evidence the documentation provided is insufficient evidence in which to base correcting his DD Form 214 to show the Purple Heart.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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.
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