IN THE CASE OF:
BOARD DATE: 12 August 2014
DOCKET NUMBER: AR20130021355
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 sustained a traumatic brain injury (TBI) from an enemy explosion. He states his injury meets the requirements for award of the Purple Heart. He applied to the Awards Branch, U.S. Army Human Resources Command, but his request was denied without TBI being addressed.
3. The applicant provides copies of his
* 1995 NGB Form 22 (National Guard Bureau Report of Separation and Record of Service)
* 1979 DD Form 214 (Report of Separation from Active Duty)
* Department of Veterans Affairs (VA), Portland Regional Office, Rating Decision, dated 15 December 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, a National Guard Soldier, served on active duty from 1 March 1990 to 31 January 1991.
3. His DA Form 2-1 (Personnel Qualification Record-Part II) shows in item:
* 9 (Awards and Decorations) no mention of the Purple Heart
* 38 (Record of Assignments) 1 March 1990 through 31 January 1991, active duty special work while assigned to Troop A, 1st Squadron 101st Cavalry, New York Army National Guard
4. A periodic medical examination dated 21 June 1992 makes no mention of any combat or enemy-incurred wound.
5. The 2011 VA Rating Decision which the applicant submitted in support of his request rates him for post-traumatic stress disorder and TBI but makes no mention of him ever being in combat or being treated for a wound sustained while in action against the enemy or as a result of enemy action. From the decision, it appears his injuries were accidental and occurred during routine training maneuvers in a field environment.
6. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. There is no available evidence to support the applicants contention that he sustained a TBI and was treated for a wound sustained while in action against an enemy or as a result of hostile action. His injuries were incurred during field training maneuvers and not in a hostile fire pay zone.
2. The applicant has submitted neither probative evidence nor a convincing argument in support of his request. Therefore, it should be denied based on lack of sufficient evidence.
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) AR20130021355
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