BOARD DATE: 11 December 2014
DOCKET NUMBER: AR20140006226
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 his records were burned up in a fire in St. Louis, Missouri.
3. The applicant provides no additional evidence.
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's military records covering his active duty service from 13 March 1980 to 22 March 1983 are not available for review.
3. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he enlisted in the Regular Army on 13 March 1980 and trained as an infantryman. On 22 March 1983, he was honorably released from active duty upon his expiration of term of service.
4. His DD Form 214 does not show the Purple Heart as an authorized award.
5. There are no orders for the Purple Heart in the available records
6. He subsequently served in the Army National Guard from 29 June 1983 to 4 April 1989.
7. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.
8. On 12 July 1973, a disastrous fire at the National Personnel Records Center in St. Louis, Missouri, destroyed approximately 16-18 million Official Military Personnel Files. The fire affected the records of Army personnel discharged between 1 November 1912 and 1 January 1960.
DISCUSSION AND CONCLUSIONS:
1. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart and all other awards. The Purple Heart requires evidence to verify the wound was the result of hostile action, treatment of the wound by military medical personnel, and documentation of the wound in official records
2. There is no evidence of record and he provided no evidence that shows he was wounded or injured as a result of hostile action. Regrettably, there is insufficient evidence on which to base awarding him the Purple Heart or adding award of the Purple Heart to his DD Form 214.
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 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) AR20140006226
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ABCMR Record of Proceedings (cont) AR20140006226
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