IN THE CASE OF:	  

		BOARD DATE:	  14 November 2013

		DOCKET NUMBER:  AR20130019458 


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 should be awarded the Purple Heart for wounds received from friendly fire while on a combat mission.  He received a gunshot wound to his right shoulder and shrapnel to his right leg after returning from a combat patrol on the demilitarized zone (DMZ) in Korea in 1967.  He was shot by another member of the patrol.  He has received Department of Veterans Affairs compensation since his discharge and is currently rated at 30-percent disabled.  He was in Company A, 1st Battalion, 23rd Infantry Regiment, 2nd Infantry Division (ID), Korea, from May 1966 to November 1967.

3.  The applicant provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* five pages of a Standard Form 600 (Chronological Record of Health Care)
* Standard Form 519A (Radiographic Report)
* DA Form 8-275-2 (Clinical Record Cover Sheet) 

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 13 May 1966 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Korea from 20 October 1966 to 14 November 1967 while assigned to Company A, 1st Battalion, 23rd Infantry Regiment, 2nd ID.

3.  The applicant provides a:

   a.  Standard Form 600 wherein it shows, in part, he was treated at the unit dispensary on 7 April 1967 for multiple fragment wounds penetrating his right shoulder and right leg received that day.

	b.  Standard Form 519A, dated 7 April 1967, wherein it stated he was hit with metal fragments due to a weapons discharge.  

	c.  DA Form 8-275-2, dated 1 February 1968, wherein it shows he underwent an operation on 30 January 1968 at the U.S. Army Hospital, Fort Carson, CO, to remove foreign bodies from his neck and right shoulder.  This form stated he had metallic foreign bodies in his right shoulder as a result of a gunshot wound on 2 April 1967, place unknown.  It also stated the wound was received in the line of duty. 

4.  He was honorably released from active duty on 15 May 1969 and he was transferred to the U.S. Army Reserve.  He completed 3 years of creditable active service.  

5.  The DD Form 214 he was issued does not show the Purple Heart.  His record is void of orders for the Purple Heart.

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and item 41 (Awards and Decorations) does not show the Purple Heart.

7.  Army Regulation 600-8-22 (Military Awards) provides, in part, that the Purple Heart is awarded:

	a.  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.

	b.  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.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify that a Soldier received a wound/injury as the result of hostile action, the wound/injury required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.  It is also awarded 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.

2.  The applicant stated and the evidence of record supports that he received shrapnel wounds to his right shoulder and right leg while serving in Korea in April 1967 when another member of his unit discharged his weapon upon returning from a combat patrol.  Although this injury was found to be in the line of duty, it does not fit the criteria for the Purple Heart as there is no evidence to show the "friendly fire" occurred in the heat of battle and was intended to damage or destroy enemy troops or equipment.  

3.  In view of the foregoing, he is not entitled to the 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.



ABCMR Record of Proceedings (cont)                                         AR20130019458





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ABCMR Record of Proceedings (cont)                                         AR20130019458



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