| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Thomas E. O'Shaughnessy | Member |
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
| 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. |
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