IN THE CASE OF: BOARD DATE: 13 September 2016 DOCKET NUMBER: AR20150013396 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 September 2016 DOCKET NUMBER: AR20150013396 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. IN THE CASE OF: BOARD DATE: 13 September 2016 DOCKET NUMBER: AR20150013396 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 for injuries incurred during conditions that simulated war. 2. The applicant states: a. Lieutenant Colonel (LTC) SLS, Chief, Awards and Decorations Branch, U.S. Army Human Resources Command (HRC), made an error [in denying him the Purple Heart]. The Soldiers at Fort Hood, TX, that were injured were issued the Purple Heart due to a terrorist attack. He is providing documentation that proves he was injured during the performance of duty under conditions simulating war, war games, practice alerts, tactical exercises, Airborne operations, grenade and live fire weapons practice, bayonet training, hand to hand combat, and completing obstacle courses while in full combat gear. b. LTC SLS was misinformed and did not have a clue as to the justification [for his Purple Heart] was the exact Global War on Terrorism service that was approved as a Purple Heart at Fort Hood. What applies in one situation shall be treated equally or there is a clear act of discrimination. 3. The applicant provides: * three letters, dated between 11 June 2007 and 27 September 2013 * DD Form 2860 (Claim for Combat-Related Special Compensation (CRSC)), dated 28 December 2009 * Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 28 December 2009 * DD Form 2870 (Authorization for Disclosure of Medical or Dental Information), date 1 May 2012 * AR20130001514, dated 26 September 2013 * four page printout titled Purple Heart Criteria - Recognize the Sacrifice * seven page printout titled Army Clarifies Purple Heart Rules for Soldiers * two page printout titled New Purple Heart Guidelines - Paralyzed Veterans of America * four page printout title Celebrating America's Freedom - The Purple Heart 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 born on 12 June 1959. Having had prior service in the U.S. Marine Corps Reserve, the applicant enlisted in the U.S. Army Reserve (USAR) on 1 June 2001 in the rank of sergeant first class (SFC)/E-7. 3. He entered active duty as a member of the USAR in an Active Guard/Reserve (AGR) status on 25 November 2001 and he held military occupational specialty 79V (Retention and Transition Noncommissioned Officer (NCO)). He was assigned to the 90th Regional Support Command (RSO), North Little Rock, AR, with duty at the 2nd Liaison Services Office (LSO), New Orleans, LA. 4. By memorandum, dated 21 April 2004, HRC issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (Twenty-Year Letter). This memorandum notified him that he had completed at least 20 years of qualifying service and would be eligible for retired pay upon application at age 60. 5. He was honorably discharged from active duty and the USAR on 1 June 2005 in the rank of SFC by reason of completion of required active service. He completed 3 years, 6 months and 7 days of net active service during this period of service and had 23 years, 7 months, and 16 days of prior inactive service. 6. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued does not show the Purple Heart or that he had any foreign service during this period of service. 7. His medical records are not available for review with this case. 8. The applicant provides a letter from HRC, dated 8 April 2010, wherein LTC SLS denied his request for award of Purple Heart and stated, in part: a. The criteria for award of the Purple Heart requires it to be awarded to Soldiers for wounds or injuries received as a direct result of enemy action. The wounds must have required treatment by medical personnel and been made a matter of official record. b. The medical documentation provided indicated he received injuries as a result of a fall during combat simulation. Unfortunately, as per Army Regulation (AR) 600-8-22 (Military Awards), accidental wounding not caused by enemy action does not justify award of the Purple Heart. c. Further review determined he was entitled to the National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon. 9. On 8 April 2010, he was issued a DD Form 215 (Correction to DD Form 214) that added to his DD Form 214 the National Defense Service Medal, Global War on Terrorism Service Medal, and the Army Service Ribbon. 10. The applicant provides a DD Form 2860, dated 28 December 2009, wherein it shows he submitted a claim for CRSC based on an injury that occurred during training that simulated war. It is not known if his request was denied or granted. 11. On 30 September 2011, he submitted a Traumatic Service Members' Group Life Insurance (TSGLI) claim to HRC based on injuries suffered on 24 March 2004 when he fell from an obstacle course; his claim was denied. On 5 April and 30 August 2012, he appealed the denial and both requests were subsequently denied. 12. On 26 September 2013, the ABCMR denied his request for entitlement to TSGLI. REFERENCES: AR 600-8-22 states, in part: a. The Purple Heart is limited to members of the Armed Forces of the United States who have been wounded, were killed, or who have died of wounds received under the following circumstances: (1) In any action against an enemy of the Unites States. (2) In any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged. (3) While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. (4) As the result of an act of any such enemy of opposing Armed Forces. (5) As the result of an act of any hostile foreign force. (6) After 28 March 1973, as a result of an international terrorist attack against the United States. (7) Pursuant to the National Defense Authorization Act for Fiscal Year 2015, a member on active duty who was killed or wounded in an attack by a foreign terrorist organization in circumstances where the member is targeted due to the member's status as a member of the Armed Forces. An attack by an individual or entity will be considered to be an attack by a foreign terrorist organization if the individual or entity was in communication with the foreign terrorist organization before the attack and the attack was motivated by the foreign terrorist organization. b. For award of the Purple Heart 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 records. DISCUSSION: The applicant requests award of the Purple Heart for wounds received during training that simulated war. The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify a Soldier received a wound/injury as a result of hostile action or an attack by a foreign terrorist organization. There are no provisions to award a Purple Heart for any wounds/injuries received during training that may have simulated war. He does not meet the criteria for the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013396 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013396 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2