AR20140000049

BOARD DATE: 12 August 2014

DOCKET NUMBER: AR20140000049

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 should be awarded the Purple Heart based on his service-connected disability for a stab wound. While on active duty, he was jumped by Private (PVT)RR. PVTRR grabbed him from behind, stabbed him in the back, twisted his head, took him to the floor, and threatened to kill him if he told on him. He reported it to the desk sergeant and was sent to the hospital where they cleaned the wound and sewed it up.

3. The applicant provides a Department of Veterans Affairs (VA) Rating Decision and a letter from the VA.

CONSIDERATION OF EVIDENCE:

1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3years 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 21June 1976. He completed basic training and advanced individual training and he was subsequently assigned to CompanyB, 440thSignal Battalion, Germany.

3. He was honorably discharged on 27April 1977. The DDForm214 (Report of Separation from Active Duty) he was issued shows he completed 10months and 7days of creditable active service.

4. The applicant provides a VA Rating Decision, dated 22October 2013, wherein it shows he was granted an increase in service-connected disability from 0percent to 10percent for a left, lower back, stab wound residual, scar.

5. Army Regulation 600-8-22 (Military Awards) provides, in part, that the PurpleHeart is awarded to members of the Armed Forces of the United States who have been wounded or killed in any action against an enemy of the United States and to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

DISCUSSION AND CONCLUSIONS:

The PurpleHeart is awarded for a wound/injury received as the result of hostile action/friendly fire in any action against an enemy of the United States. The PurpleHeart is not awarded based on a VA decision of a service-connected disability. Although the applicant may have been injured from the actions of a fellow Soldier, this does not meet the criteria for this award. Therefore, there is no basis for granting the applicant’s requested relief.

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 that 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) AR20140000049

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ABCMR Record of Proceedings (cont) AR20140000049

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