IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20160017483 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: 26 September 2018 DOCKET NUMBER: AR20160017483 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: 26 September 2018 DOCKET NUMBER: AR20160017483 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. The applicant states he was awarded the Combat Action Badge for enemy contact on 25 September 2005. At the time he sustained shrapnel wounds to his mouth and side from an improvised explosive device (IED). He did not pursue the award at that time due to ongoing combat operations. Recently he has been advised by the Wounded Warriors Project benefits team to submit for this correction. He has been diagnosed by the Department of Veterans Affairs with: * chronic lower back pain * post-traumatic stress disorder (PTSD) * depressive disorder * traumatic brain syndrome * migraines 3. The applicant provides no documents in support of his application. 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. With prior active and inactive service, the applicant enlisted in the Regular Army on 19 June 2001. 3. He served in Iraq from 24 April 2003 through 24 October 2003 and 4 December 2005 through 22 November 2006. 4. On 5 September 2013 the applicant was honorably discharged. 5. Both the applicant's Enlisted Record Brief and his DD Form 214 list his awards as: * Army Commendation Medal (2nd award) * Army Achievement Medal * Army Good Conduct Medal (3rd award) * National Defense Service Medal * Iraq Campaign Medal with 1 bronze service star * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Noncommissioned Officer Professional Development Ribbon with numeral 2 * Army Service Ribbon * Overseas Service Ribbon with numeral 2 * Gold Recruiter badge with one star sapphire * Combat Action Badge * Parachutist Badge * Driver and Mechanics Badge with Driver -Tracked Vehicle Clasp * Driver and Mechanics Badge Mechanic Clasp * Driver and Mechanics Badge with Driver - Wheeled Vehicle Clasp 6. The available records do not show he was wounded as a result of hostile action. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record. DISCUSSION: The available records contain no documentation to support the applicant's contention that he received a wound as a result of hostile action. The criteria for award of the Purple Heart require substantiating evidence to verify that a 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 record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017483 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017483 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2