RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 May 2005
      DOCKET NUMBER:  AR20040004579


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Ms. Laverne V. Berry              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart.

2.  The applicant states that a Purple Heart recommendation was not
processed during the period of time he was reassigned from the 82nd Combat
Aviation Battalion to the 2nd Battalion, 505th Infantry.

3.  The applicant further states that he was under the impression that the
medal was processed shortly before his discharge.

4.  The applicant provides a self-authored letter, a letter from a former
commander, a DD Form 215 (Correction to a DD Form 214, Certificate of
Release or Discharge from Active Duty), and a DA Form 2166-6 (Enlisted
Evaluation Report).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 December 1985, the date of his separation from active
service.  The application submitted in this case is dated 4 July 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 3 August 1981 for a
period of
3 years.  He completed basic and advanced individual training and was
awarded the military occupational specialty 91B10 (Medical Specialist).  He
was honorably discharged on 11 December 1985.

4.  The applicant's DD Form 214, in item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized), does
not show award of the Purple Heart.  The DD Form 214 is authenticated in
the applicant's own hand.

5.  There are no General Orders in the available records which show that
the applicant was awarded the Purple Heart.
6.  The applicant's DA Form 2-1 (Personnel Qualification Record) does not
show award of the Purple Heart in item 9 (Awards, Decorations, and
Campaigns).

7.  There are no medical records contained in the applicant's military
personnel file.

8.  The applicant provided a self-authored letter in which he stated that
the Grenada operation took place in October 1983 and he is still waiting
for what he earned during his service.  The applicant further stated that
it took almost
9 years after his discharge in December 1985 to be issued a DD Form
215 showing his award of the Armed Forces Expeditionary Medal

9.  The applicant explained that he understood that things do not happen
overnight and service members who had served in World War II had to wait
fifty years to get their medals.  He requested that the Purple Heart be
processed because he has waited long enough.

10.  The applicant provided a letter from the former battalion commander of
the 82nd Combat Aviation Battalion, dated 2 April 1985.  This letter is
addressed to the Commanding General (CG) of the 82nd Airborne Division at
Fort Bragg, North Carolina.  The battalion commander stated that while
supporting Grenada Operation Urgent Fury, the applicant was injured by
sniper gunfire.  He continued that the applicant's right boot was pierced
by a round from an AK-47 rifle which injured his [the applicant's] right
ankle.

11.  The commander explained that the injury was reported through the chain
of command, but the records were misplaced.  He further stated that it was
verified that the applicant's medical records from the 44th Medical Brigade
were also misplaced when sent to the applicant's unit for inclusion in his
medical record.

12.  The commander concluded and stated that the applicant was injured by
enemy fire and he is entitled to the Purple Heart for the injury he [the
applicant] sustained on 26 October 1983 during the invasion of Grenada.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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.

14.  Headquarters, Department of the Army Message 2916542 October 1983,
delegated the Commanding General, 82nd Airborne Division, the authority to
award the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to correction of his records to
show award of the Purple Heart.

2.  There is no evidence which shows that the applicant was wounded or
treated for wounds as a result of hostile action.  The applicant's DD Form
214 which he authenticated in his own hand do not show award of the Purple
Heart.

3.  The applicant's former commander petitioned the Commanding General of
the 82nd Airborne to award him [the applicant] the Purple Heart.  However,
there is no evidence in the applicant's records which shows that this
request was  approved.  In the absence of evidence to the contrary, it is
presumed that the Commanding General denied the request to award the
applicant the Purple Heart.

4.  The applicant's military records in this case do not show he was
wounded or treated for wounds resulting from hostile action.  While it is
unfortunate that the applicant's medical records were lost, the statement
from the applicant's former commander submitted over twenty-two years after
the fact, is not sufficient as a basis for award of the Purple Heart in
this case.

5.  In the absence of records which show the applicant was wounded as a
result of hostile action or was treated for wounds resulting from hostile
action, there is insufficient evidence upon which to base award of the
Purple Heart in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jea___  __lgh___  __lvb___  DENY APPLICATION








BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.




                                        James E. Anderholm
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004579                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050505                                |
|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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