IN THE CASE OF: BOARD DATE: 8 September 2016 DOCKET NUMBER: AR20160009175 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: 8 September 2016 DOCKET NUMBER: AR20160009175 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: 8 September 2016 DOCKET NUMBER: AR20160009175 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. 2. He states he was assigned to C Company, 5th Regimental Combat Team(RCT), Korea from June to July 1953. He fractured his femur when the convoy truck he was riding in slid off a mountain trail and rolled into the rocks below. After the accident, an Army medical treatment facility in Osaka, Japan admitted him for treatment on 14 July 1953. While he was in the treatment facility, an officer walked by his hospital bed and gave him the Purple Heart Medal. 3. He provides: * DD Form 214 (Report of Separation from the Armed Forces of the United States) * Office of the Surgeon General (OTSG) document * photographs 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 military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It appears that the applicant's records were lost or destroyed in that fire. The ABCMR is considering this case based on a reconstructed file and the documents provided by the applicant. 3. The applicant was inducted into the Army of the United States and entered active duty on 24 July 1952 and he served 1 year and 9 months on active duty of which 11 months and 13 days was listed as foreign service. 4. The available records do not contain evidence showing he sustained wounds or received treatment for wounds incurred as a result of hostile action. 5. His name is not on the Korean Casualty List. 6. A document from the OTSG shows on 14 July 1953, while assigned to the RCT in Korea, the applicant was admitted to the hospital for a simple fracture of the femur. The cause was listed as "Motor vehicle traffic accident: To occupant of truck or bus: Involving overturning in roadway (without antecedent collision)." 7. He was honorably released from active duty on 23 April 1954. His DD Form 214 does not show award of the Purple Heart. Additionally, item 29 (Wounds Received as a Result of Action with Enemy Forces) of this form contains the entry "None." REFERENCES: Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. It further states that wounds caused by accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action are included among the examples of injuries or wounds, which clearly do not justify award of the Purple Heart. DISCUSSION: 1. The fact that an officer presented the applicant with the Purple Heart Medal while in the hospital is not sufficient evidence to conclude that he is entitled to the award of the Purple Heart. 2. As specified above, the Purple Heart is awarded for a wound sustained as a result of hostile action. The evidence of record shows he was admitted to the hospital because he sustained injuries in a vehicular accident but does not include evidence that shows he received wounds or treatment for wounds sustained as a result of hostile action. 3. The applicant stated that he fractured his femur when the convoy truck he was riding in slid off a mountain trail and rolled into rocks below the trail. Army Regulation 600-8-22 does not authorize the Purple Heart for wounds caused by vehicular accidents and other accidental wounding not related to or caused by enemy action. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009175 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009175 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2