IN THE CASE OF: BOARD DATE: 14 June 2011 DOCKET NUMBER: AR20110001176 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 (PH). 2. The applicant states while on the live fire range in the Republic of Korea, he was hit in the face when the weapon misfired leaving a scar on his left eye ball. 3. The applicant provides medical records from the date the alleged incident occurred and follow-on treatments. 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 current DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he last reenlisted on 12 May 1976. 3. The applicant’s DA Form 2-1 (Personnel Qualification Record) shows he served in the Republic of Korea from 12 September 1963 to 22 September 1964. 4. The applicant provided medical documents which show he was treated for an injury; however, there was no annotation by medical personnel that indicated the applicant was wounded by enemy action or combat-related force. 5. There is no evidence in the applicant's record confirming the applicant was in any action with an opposing foreign armed force or wounded in action in the Republic of Korea. 6. On 31 May 1985, the applicant honorably retired from active duty. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following: * Army Commendation Medal (2 Oak Leaf Clusters) * Good Conduct Medal (8th Award) * National Defense Service Medal * Vietnam Service Medal * Meritorious Unit Commendation * Non-Commissioned Officer (NCO) Professional Development Ribbon (1) * Army Service Ribbon * Overseas Service Ribbon (3) * Vietnam Gallantry Cross with Palm Unit Citation * Vietnam Campaign Medal * Expert Marksmanship Qualification Badge (M-16) 7. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-8 contains guidance on the Purple Heart. It states the Purple Heart is awarded to members wounded in action. It also states in order to award the Purple Heart there must be evidence of the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment was made a matter of official record. 8. Army Regulation 600-8-22 further states that injuries or wounds which clearly do not qualify for award of the Purple Heart are accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for award of the Purple Heart was carefully considered and it was determined that there is insufficient evidence to support this request. 2. By regulation, in order to support award of the Purple Heart the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action. The member must have required medical treatment by military medical personnel; and this medical treatment must have been made a matter of official record. 3. The applicant stated that his injury occurred as a result of a weapon malfunctioning. Accidents, to include explosive, aircraft, vehicular, and other accidental wounding do not warrant award of the Purple Heart. The regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would not be appropriate to award the applicant the Purple Heart. 4. The applicant and all others concerned should know this action related to award of the Purple Heart in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. 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) AR20110001176 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110001176 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1