IN THE CASE OF: BOARD DATE: 8 April 2014 DOCKET NUMBER: AR20130014055 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. 2. He states he should have been awarded the Purple Heart for injuries he received in a training exercise on 11 May 1959 in Hohenfels, Germany. He explains that at the time of the accident, he was injured when a hand grenade went off in his right hand. He says he spent 19 days in the hospital and since that time, has had problems with his right hand. 3. He provides three DD Forms 214 and medical record documents. 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 was inducted into the Army of the United States on 10 January 1958. He was retired on 22 June 1967 due to permanent disability. He had completed 9 years, 11 months, and 28 days of active duty service. 3. His DD Forms 214 do not show award of the Purple Heart. 4. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in: * U.S. Army Europe (USAREUR) - Germany from 12 March 1958 to 23 April 1960 * Eighth United States Army - Korea from 24 August 1962 to 17 October 1962 * USAREUR - Germany from 3 July 1963 to 29 April 1965 * U.S. Army Pacific - Vietnam from 27 August 1966 to 11 November 1966 5. Item 40 (Wounds) of his DA Form 20 does not contain any entry. There is no documentation in the available record that shows he sustained wounds or was treated for wounds incurred as a result of hostile action. 6. The applicant provided numerous medical documents that show he was admitted to the hospital in Nurnberg, Germany on 11 May 1959. The documentation stated that the applicant received an injury to his right hand when a hand grenade exploded at the training area in Hohenfels, Germany. On the 22nd hospital day, he was discharged and placed on limited duty for two weeks. 7. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Purple Heart was awarded to any member of the Armed Forces of the United States who was wounded in action against an armed enemy of the United States or as a direct result of an act of such enemy provided the wound necessitated treatment by a medical officer. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy. DISCUSSION AND CONCLUSIONS: Although the medical documents provided by the applicant confirm his injury and subsequent hospitalization, his injury was not the result of hostile fire which is required to substantiate his claim for award of the Purple Heart. In the absence of such evidence, there is insufficient evidentiary basis for awarding the Purple Heart. 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) AR20130014055 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130014055 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1