MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 4 March 2003
         DOCKET NUMBER: AR2003085089

         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
Mr. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. William D. Powers		Member
Ms. Linda M. Barker		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)

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APPLICANT REQUESTS: Award of the Purple Heart.

APPLICANT STATES: That he was injured in Southwest Asia during Operation Desert Storm when a 5-gallon jug of water used for washing clothing fell on his left wrist and hand. The applicant states that he was treated twice for this injury. He also contends that "environment agents" made him ill, specifically that the oil well fires in Kuwait damaged his lungs. In support of his application, he submitted a copy of a Standard Form 600 (Chronological Record of Medical Care) with an entry, dated 13 April 1991, showing treatment of an injury to his left arm; an XVIII Airborne Corps Chronology, dated April 1991; a report on unit locations from the Center for Unit Records; a 14 December 2002 letter which provided additional information, attached photographs, medical records, correspondence from the Department of Veterans Affairs (DVA) and medical records from the DVA; and items from the internet regarding pulmonary disease.

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

The applicant entered active duty on 2 March 1989 and completed training as a Mobile Subscriber Equipment Network Switching System Operator. Records show that he served in Southwest Asia from 26 September 1990 to 16 April 1991. The applicant was honorably separated by reason of physical disability with severance pay on 28 July 1992.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. His DA Form 2-1 (Personnel Qualification Record-Part II) does not show an entry for the Purple Heart in item 9 (Awards, Decorations & Campaigns).

The applicant authenticated his DD Form 214 (Certificate of Release or Discharge from Active Duty) which does not show the Purple Heart as an authorized award.

The applicant provided a Standard From 600 which shows that he was treated on 13 April 1991 for "torn tendons & ligaments after dropped H2O jug on L (left) arm."

The applicant provided a copy of the XVIII Airborne Corps Desert Storm Chronology which provides the status of major units from 1 April 1991 to 10 April 1991. This document does not contain any data related to injuries or wounds resulting from hostile action and does not make any reference to any injuries or wounds sustained by the applicant.

The applicant also provided a copy of the Center for Unit Records Movement Information for the applicant's unit for the period 15 October 1990 to 25 March 1991. This document does not contain any data related to injuries or wounds resulting from hostile action and does not make any reference to any injuries or wounds sustained by the applicant.

In his letter of explanation, dated 14 December 2002, the applicant also contends that he sustained injuries from the burning of the Kuwaiti oil fields when his unit drove through them several times. He contends that he developed bronchitis as a result of this environmental hazard and that this should be a basis for award of the Purple Heart. In support of this point, the applicant provided medical records which shows that he was treated in July and August for headaches, fever, and dizziness. He also provided a copy of a DVA letter, dated 18 August 1999, and supporting records which stated that his recent Persian Gulf physical examination was "essentially negative"; however, his chest x-ray suggested "early emphysema." There is no evidence in these records of wounds or injuries sustained by the applicant as a result of hostile action by enemy forces.

The applicant's records show only award of an unspecified Kuwait Liberation Medal. Two Kuwait Liberation Medals were awarded for service in the Persian Gulf War, one by the Kingdom of Saudi Arabia and one by the Government of Kuwait.

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.

Paragraphs 2-8b(4) and (5) of Army Regulation 600-8-22 provide examples of injuries or wounds "which clearly justify award of the Purple Heart and "which clearly do not qualify for award of the Purple Heart." Among the examples which qualify for award of the Purple Heart are injuries caused by an enemy bullet, trap, mine, enemy fire, an enemy explosion, and release of chemical, nuclear, or biological agents by the enemy. Among the examples which do not qualify for award of the Purple Heart are frostbite, trenchfoot, heat stroke, food poisoning not caused by enemy agents, chemical, nuclear or biological agents not released by the enemy, battle fatigue, disease not directly caused by enemy agents and accidents not related to or caused by enemy action.

The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.


The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

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 is entitled to award of the Purple Heart for an injury to his left arm and also for emphysema resulting from the smoke from burning oil wells in Kuwait.

2. The Board reviewed the medical records submitted by the applicant showing that he sustained an injury to his left arm and was treated for that injury. However, the Board noted that the injury resulted from a water bottle striking the applicant's left arm. Based on these facts, the Board determined that this injury was the result of an accident, not as a result of hostile action. Therefore, the applicant is not entitled to award of the Purple Heart for the injury to his left arm sustained on or about 13 April 1991.

3. The Board considered the applicant's contention that he should be awarded the Purple Heart for emphysema he sustained as the result of oil well fires in Kuwait. In this matter, the Board noted that the applicant was diagnosed by the DVA with the possible early stages of emphysema, a medical condition, seven years after he was separated from the Army. As such, this medical condition is clearly a disease not directly related to release of chemical, nuclear, or biological agents by the enemy. Therefore, the Board determined that the applicant is not entitled to award of the Purple Heart for emphysema allegedly sustained as the result of oil well fires in Kuwait.

4. Based on the applicant's service in Southwest Asia in Operation Desert Storm, he is entitled to award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K). Therefore, the Board determined that the applicant's records should be administratively corrected by the Army Review Boards Agency Support Division-St. Louis to show both of these foreign unit awards on his DD Form 214.

5. 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.


6. In view of the foregoing, there is no basis for granting the applicant's request to award him the Purple Heart for injuries to his left arm and/or for emphysema.

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

NOTE: The Board requests the Army Review Boards Agency Support Division-St. Louis administratively correct the applicant's records to show award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K).

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__RJM__ __WDP__ __LMB___ DENY APPLICATION

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

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INDEX

CASE ID	AR2003085089
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030304
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	MR CHUN
ISSUES 1.	107.0015.0000
2.
3.
4.
5.
6.