IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140015624
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 have been awarded a Purple Heart due to an injury caused by a deuce and a half (2 1/2 ton truck). His commanding officer, Colonel W, was going to put him in for the Purple Heart because he saved three other military personnel when the truck jumped off the chop block. He pushed them out of the back of the truck because the truck started rolling down a hill and he got caught in the perimeter wire. The barbed wire caught his leg and pulled him under the truck and the truck ran over him.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* National Archives (NA) Form 13038 (Certification of Military Service)
* Standard Form (SF) 600 (Chronological Record of Medical Care)
* SF 93 (Report of Medical History), dated 20 November 1980
* a note, dated 21 January 1992, from Dr. C
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. On 22 November 1977, he enlisted in the Regular Army.
3. On 10 November 1979, he was assigned to the 1st Battalion, 94th Field Artillery in Germany. He immediately reenlisted on 18 December 1979.
4. He was a patient in the U.S. Army Hospital, Nurnberg, Germany from 25 May 1980 to 2 July 1980. On 3 July 1980, he returned to the 1st Battalion, 94th Field Artillery. He was transferred to the U.S. Army separation transfer point at Fort Jackson, SC on 30 October 1980.
5. The SF 600 provided by the applicant shows that on 7 October 1980, he was treated in the emergency room at Moncrief Army Hospital, Fort Jackson. According to the record of treatment, he was injured in Germany by being run over by a 5-ton truck. He sustained an injury to his left side, no fractures, contusions and had two skin grafts.
6. On his SF 93, the applicant stated he couldn't hear well. He also indicated his left leg was crushed in Germany which caused constant pain. He had bad headaches, couldn't sleep at night, and had constant back pain.
7. On 2 December 1980, he was released from active duty. His DD Form 214 does not show the award of the Purple Heart.
8. His complete service medical records were not available for review.
9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
His service medical records were not available for review. There is no evidence he was wounded or injured as a result of hostile action. Therefore, there is no basis on which to award the Purple Heart in this case.
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) AR20140015624
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ABCMR Record of Proceedings (cont) AR20140015624
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