BOARD DATE:	  21 July 2009

		DOCKET NUMBER:  AR20090004392 


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 that he was injured in the line of duty when he accidentally shot himself while cleaning his weapon. 

3.  The applicant provides, in support of his request, copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and documents associated with the line of duty investigation.

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 (RA) on 6 July 1966, completed training as an infantryman and served in Vietnam from December 1966 to July 1968.  His awards include the Bronze Star Medal, Air Medal, and Combat Infantryman Badge.  He was honorably released from active duty and transferred to the Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Sworn statements from three privates first class report that the applicant shot himself in the foot while letting the hammer down on a .45 caliber pistol.  The company commander reported, "I interviewed [the applicant] and those around him…my belief…was accidental."  The approved line of duty investigation concluded the applicant was accidentally injured in the line of duty. 

4.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in 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.  This regulation also lists examples of injuries or wounds which clearly do not justify award of the Purple Heart.  This listing includes "accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action."

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he was injured in the line of duty when he accidentally shot himself while cleaning his weapon.

2.  The governing regulation provides that the Purple Heart is awarded for a wound sustained as the result of enemy action.  

3.  The applicant's current assertion and the documents associated with the line of duty investigation confirm that he was accidentally injured.  The record is clear; there was no enemy involvement in this incident.  Therefore, there is no basis for granting the applicant's 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)                                         AR20090004392



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ABCMR Record of Proceedings (cont)                                         AR20090004392



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