IN THE CASE OF:    

		BOARD DATE:  16 February 2016	  

		DOCKET NUMBER:  AR20150007451 


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.  The applicant states the Purple Heart is not listed on his DD Form 214 and he earned it.

3.  The applicant provides a copy of his DD Form 214.

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 4 February 1964.

3.  He served in Germany from 15 August 1964 to 27 February 1965.  While serving in Germany, he was assigned to Battery B, 1st Missile Battalion, 32d Artillery Brigade.

4.  His DA Form 24 (Service Record) shows in:

* section 7 (Combat Record) – no entry
* section 8 (Wound Received Through Enemy Action) – no entry
* section 9 (Medals, Decorations, and Citations) – no award of the Purple Heart

5.  On 7 September 1964, the American Red Cross notified him and his command of his father's death and requested authorization for his emergency leave.  Emergency leave for the applicant was granted on the same date.

6.  On 20 October 1964, he requested discharge for hardship reasons.  His chain of command recommended approval of his request.

7.  On 11 January 1965, the separation authority approved his request for discharge.

8.  On 20 January 1965, he underwent a separation physical and stated he was in good health.  His Standard Form 88 (Report of Medical Examination) and Standard Form 89 (Report of Medical History), both dated 20 January 1965, do not show any injuries as the result of hostile action.

9.  On 9 March 1965, he was honorably discharged.  His DD Form 214 does not show award of the Purple Heart.

10.  His records are void of and he failed to provide medical evidence showing he was injured as a result of hostile action.

11.  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 military medical personnel, and the medical treatment must have been made a matter of official record.


DISCUSSION AND CONCLUSIONS:

1.  Award of the Purple Heart requires evidence to verify:

* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records

2.  His records are void of and he failed to provide medical evidence showing he was injured as a result of hostile action.

3.  In the absence of documentation that conclusively shows he was wounded or injured as a result of hostile action, treated for those wounds/injuries, and his treatment was made a matter of record, there is insufficient evidence upon which to base award of 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 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)                                         AR20150007451



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ABCMR Record of Proceedings (cont)                                         AR20150007451



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