IN THE CASE OF:
BOARD DATE: 8 April 2014
DOCKET NUMBER: AR20130014055
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.
2. He states he should have been awarded the Purple Heart for injuries he received in a training exercise on 11 May 1959 in Hohenfels, Germany. He explains that at the time of the accident, he was injured when a hand grenade went off in his right hand. He says he spent 19 days in the hospital and since that time, has had problems with his right hand.
3. He provides three DD Forms 214 and medical record documents.
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 was inducted into the Army of the United States on 10 January 1958. He was retired on 22 June 1967 due to permanent disability. He had completed 9 years, 11 months, and 28 days of active duty service.
3. His DD Forms 214 do not show award of the Purple Heart.
4. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in:
* U.S. Army Europe (USAREUR) - Germany from 12 March 1958 to 23 April 1960
* Eighth United States Army - Korea from 24 August 1962 to 17 October 1962
* USAREUR - Germany from 3 July 1963 to 29 April 1965
* U.S. Army Pacific - Vietnam from 27 August 1966 to 11 November 1966
5. Item 40 (Wounds) of his DA Form 20 does not contain any entry. There is no documentation in the available record that shows he sustained wounds or was treated for wounds incurred as a result of hostile action.
6. The applicant provided numerous medical documents that show he was admitted to the hospital in Nurnberg, Germany on 11 May 1959. The documentation stated that the applicant received an injury to his right hand when a hand grenade exploded at the training area in Hohenfels, Germany. On the 22nd hospital day, he was discharged and placed on limited duty for two weeks.
7. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Purple Heart was awarded to any member of the Armed Forces of the United States who was wounded in action against an armed enemy of the United States or as a direct result of an act of such enemy provided the wound necessitated treatment by a medical officer. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.
DISCUSSION AND CONCLUSIONS:
Although the medical documents provided by the applicant confirm his injury and subsequent hospitalization, his injury was not the result of hostile fire which is required to substantiate his claim for award of the Purple Heart. In the absence of such evidence, there is insufficient evidentiary basis for awarding 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) AR20130014055
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130014055
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150002079
The applicant states: * he enlisted in the Regular Army for 3 years in order to receive airborne training * after jump school he was sent to Fort Jackson, SC, to become an instructor on the techniques of the firing range where he did well and received several letters of commendation * in early 1960, he again requested overseas duty and was sent to the 24th Infantry Division in Germany in February 1960 * shortly after his arrival, he was sent on temporary duty to Vietnam to help the South...
ARMY | BCMR | CY2013 | 20130000406
Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect, that he should be awarded the Purple Heart for his Post-Traumatic Stress Disorder (PTSD) and his right hand, arm, and shoulder injury incurred during his assignment in Germany. The Purple Heart is awarded for wounds/injuries incurred as a result of enemy action and the applicant has failed to show through the evidence of record and the evidence submitted with his...
ARMY | BCMR | CY2009 | 20090017692
The applicant requests award of the Purple Heart. The applicant's HHC Commander recommended the applicant be awarded the Purple Heart. The applicant wants the Purple Heart because he was hit by a rock during a demonstration in Sevce, Kosovo.
ARMY | BCMR | CY2012 | 20120001835
The applicant states he is requesting award of the Purple Heart for injuries he received resulting from an engagement by hostile forces on 10 April 1971 at the enlisted men's club, Vietnam, during a grenade attack. There is no evidence of record and the applicant did not provide any evidence that shows he was awarded the Purple Heart. Notwithstanding the applicant's sincerity, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action or...
He should be awarded the PH based on wounds he received when his aircraft was hit by enemy flak while on a bombing mission to Berlin, Germany, during World War 11. The PH is awarded for wounds received as a direct result of enemy actions (Le., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.). The applicant's former aircrew members have provided statements indicating that the applicant was wounded when their aircraft was hit by enemy flak and...
ARMY | BCMR | CY2011 | AR20080017432
The applicant requests, in effect, correction of his records to show award of the Purple Heart. The applicant's military personnel records contain a copy of his DD Form 214 that shows he entered active duty this period on 13 February 1964. There is no evidence in the applicants military personnel records that shows he was wounded or treated for wounds as a result of hostile action; his DA Form 20 does not show an entry in item 40 or list the Purple Heart in item 41; his DA Form 2-1 does...
ARMY | BCMR | CY2011 | 20110014610
The applicant states: * he served on active duty in the U.S. Army from 3 April 1969 through 2 April 1971 * on 2 February 1970, he incurred and was later diagnosed with residual shell fragment wound, left leg, left foot, left side, and right thigh * his wounds were the result of a fragmentation hand grenade exploding also injuring another Soldier * he received medical treatment at the local medical hospital and he was presented the Purple Heart by a captain assigned to the...
ARMY | BCMR | CY2014 | 20140003370
It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. He served a qualifying period of service for award of two overseas service bars; therefore, he is entitled to correction of his DD Form 214 to show 5. As a result, the Board recommends that all...
ARMY | BCMR | CY2012 | 20120003103
The available evidence clearly shows the FSM was injured; however, there is no evidence in the available records that show his injury was caused by hostile action of any kind or that hostile actions were occurring at the time. Therefore, in the absence of sufficient evidence to establish that his injury was caused as a result of enemy action there appears to be no basis to award the applicant the Purple Heart. _______ _ __x_____ ___ CHAIRPERSON I certify that herein is recorded the true...
ARMY | BCMR | CY2012 | 20120008591
The applicant provides a WD AGO Form 53-55, medical progress notes, two hospital admission documents, and Department of Veterans Affairs (VA) Progress Notes. Therefore, there is insufficient evidence on which to base awarding the FSM the second and third awards of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the Purple Heart for wounds sustained on 25 July 1944; b. deleting the...