MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 July 2003                   
	DOCKET NUMBER:   AR2002082832

	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:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. Walter T. Morrison 		Member	
	Mr. Thomas E. O'Shaughnessy 		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 was injured in Kuwait after driving over an Iraqi landmine on 30 November 1998.  He contends that a sergeant major visited him in the hospital and told him that he was going to be awarded the Purple Heart and they were doing the paperwork.  In support of his application, he submits a DA Form 4187 (Personnel Action), dated 10 January 1999, and three medical records.

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

The applicant enlisted on 31 March 1998, served as an indirect fire infantryman and was honorably discharged on 5 February 2001.

The applicant's DD Form 214 does not show the Purple Heart as an authorized award.

DA Form 4187 shows the applicant was wounded on 30 November 1998 after driving over an undetected Iraqi anti tank landmine in Kuwait and a request for personnel action (award of the Purple Heart) was initiated on 10 January 1999.  The approval authority recommended approval of the personnel action on 
11 January 1999.    

There are no orders for the Purple Heart in the applicant's service personnel records.

Records shows that combat operations formally ceased on 7 April 1991 in the Persian Gulf War.
 
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.

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.  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.

2.  Evidence of record shows the applicant was wounded by an Iraqi landmine seven years after hostilities ceased in the Persian Gulf War.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

3.  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:

MKP___  _______  TEO______  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  _WTM___  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2002082832	
SUFFIX		
RECON		
DATE BOARDED	20030729	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.