BOARD DATE:  15 March 2018

		DOCKET NUMBER:  AR20160007848


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

: X	:X	:X	DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration




	
		BOARD DATE:  15 March 2018

		DOCKET NUMBER:  AR20160007848


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 (Certificate of Release 
or Discharge from Active Duty) to show award of the Purple Heart.

2.  The applicant states he got hurt going through basic training and he recently 
learned that he had been awarded the Purple Heart. 

3.  The applicant provides 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 enlisted in the Regular Army on 5 May 1977 and he held 
military occupational specialty 64C (Motor Transport Operator).  On 
28 November 1977, while in training at Fort Dix, NJ, he sustained a sprain to his 
right index finger.  He was issued a temporary physical profile for 7 days. 

3.  He served in Hawaii from January 1978 to April 1980.  During this tour, he 
also served at Enewetak Atoll in the Pacific Ocean from 9 May 1978 to 
11 October 1978. 

4.  He was honorably released from active duty on 8 May 1980.  His DD Form 
214 shows he completed 3 years of active service with two periods of lost time.  
It also shows he was awarded or authorized:

*	Humanitarian Service Medal
*	Marksman Marksmanship Qualification Badge with Rifle Bar 

5.  There is no indication in his records that:

*	he deployed to an imminent danger pay area
*	he was wounded or injured as a result of hostile action
*	he required treatment for an injury that was caused by enemy action
*	he was awarded the Purple Herat 

REFERENCES:

Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is 
awarded for a wound sustained in action against an enemy or 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 medical treatment, and 
the medical treatment must have been made a matter of official record.

DISCUSSION:

1.  The criteria for an award of the Purple Heart require substantiating evidence 
to verify the injury/wound was sustained in action against an enemy or as a result 
of hostile action.  The injury/wound must have required treatment by medical 
personnel, and the medical treatment must have been made a matter of official 
record.

2.  In this case, there is no evidence that shows the applicant was wounded or 
injured as a result of hostile action.



		BOARD DATE:  15 March 2018

		DOCKET NUMBER:  AR20160007848


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.

												 
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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160007848


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)	AR20160007848


3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2