IN THE CASE OF:	  

		BOARD DATE:	        31 MARCH 2009

		DOCKET NUMBER:  AR20080017793 


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 that he be awarded the Purple Heart for a combat injury.

2.  The applicant states that he experienced acoustic trauma and concussion to both ears as a result of an enemy fragmentation grenade exploding at close range while in a defensive position during Operation Just Cause in Panama City, Panama.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 enlisted in the United States Army Reserve (USAR) under the delayed entry program on 15 February 1974.  He enlisted in the Regular Army on 1 April 1974 and served on active duty until he was honorably released from active duty (REFRAD) on 16 March 1980 due to completion of required service.  He was transferred to the USAR to complete his statutory service obligation.

3.  He again enlisted in the Regular Army on 25 March 1981 and continued to serve through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 1 October 1989.

4.  The applicant deployed to Panama in a temporary duty status from 20 December 1989 to 11 March 1990 in support of Operation Just Cause.

5.  On 30 April 1995, he was honorably REFRAD and was transferred to the Retired List effective 1 May 1995.  He had served 20 years and 22 days of total active service.

6.  A review of the applicant's official records fails to show that he was ever awarded the Purple Heart or that he was treated for any wounds or injuries incurred in combat.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the Purple Heart for injuries sustained in combat in Panama has been noted and appears to lack merit.

2.  While the applicant's records do indicate that he participated in Operation Just Cause in Panama, there is no evidence in his official records which indicates that he was treated for any injuries that were the result of enemy action.

3.  Therefore, in the absence of evidence to show that he was injured as a result of enemy action and that treatment for such injuries was made a matter of record, there appears to be no basis to grant his request for award of the Purple Heart at this time.
4.  In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  __X______  __X______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________XXX________________
                 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)                                         AR20080017793



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ABCMR Record of Proceedings (cont)                                         AR20080017793



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