MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 April 2003    
	DOCKET NUMBER:   AR2002079856

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

| Mr. Carl W. S. Chun | | Director
| Ms. Wanda L. Waller | | Analyst

  The following members, a quorum, were present:

| Mr. John N. Slone | | Chairperson
| Mr. Thomas Lanyi | | Member
| Mr. Bernard P. Ingold | | Member

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Award of the Purple Heart.

APPLICANT STATES:  That he received injuries on 24 February 1991 in Southwest Asia from a sarin nerve agent during a scud attack.  He contends that he has suffered from these injuries since February 1991, those illnesses are now called Gulf War Syndrome.  He is requesting the Purple Heart based on an injury caused by a sarin nerve agent, not the Gulf War Syndrome.  In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a Nurses Progress Record, dated 7 March 1991; a radiology report, dated 7 March 1991; a Department of the Veterans Affairs (DVA) Compensation and Pension Exam Report, dated 26 June 2002; a DVA letter, dated 15 August 2002; and a letter, dated 10 October 2001, from the Military Awards Branch at U.S. Total Army Personnel Command.    

EVIDENCE OF RECORD:  The applicant's military records show:

On 30 April 2002, the applicant retired in the rank of master sergeant under the provisions of Army Regulation 635-200, chapter 12, for sufficient service for retirement.

The applicant's DD Form 214 shows that he served in Southwest Asia from 
6 December 1990 through 1 May 1991.

The applicant's DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

There is no evidence in the available records that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Southwest Asia.

There is no evidence in the available records that the applicant was injured by enemy released chemical, biological, or a nuclear agent in Southwest Asia.

In support of his claim for award of the Purple Heart, the applicant submitted a Nurses Progress Record, dated 7 March 1991.  This record shows that the applicant was admitted and treated for complaints of headache, dizziness, insomnia, fatigue and weakness in Southwest Asia.  There is no evidence that these illnesses were the result of hostile action or enemy released chemical, biological, or a nuclear agent in Southwest Asia.

The applicant also provided a DVA Compensation and Pension Exam Report, dated 26 June 2002.  This report states, in pertinent part, "the patient claimed that he was exposed to sarin nerve agent" and "The problem like this could be reasonably related to exposure to some sort of nerve agent in Saudi Arabia." 

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, and the medical treatment must have been made a matter of official record.  This regulation also states, in pertinent part, that an injury caused by enemy released chemical, biological, or a nuclear agent would qualify for award of the Purple Heart.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board considered the applicant's contention that he received injuries on 24 February 1991 in Southwest Asia from a sarin nerve agent during a scud attack.  

2.  The Board considered the medical record, dated 7 March 1991, which shows the applicant was admitted and treated for complaints of headache, dizziness, insomnia, fatigue and weakness in Southwest Asia.

3.  The Board also considered the DVA report, dated 26 June 2002, wherein the physician indicated that "The problem like this could be reasonably related to exposure to some sort of nerve agent in Saudi Arabia."

4.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was injured by enemy released chemical, biological, or a nuclear agent in Southwest Asia. 

5.  There is also no evidence that the applicant was wounded or treated for wounds as a result of hostile action in Southwest Asia.

6.  Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

7.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

8.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

JNS____  TL______  BPI_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID | AR2002079856
SUFFIX |
RECON |
DATE BOARDED | 20030429
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | DENY
REVIEW AUTHORITY |
ISSUES         1. | 107.0015
2. |
3. |
4. |
5. |
6. |