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ARMY | BCMR | CY2004 | 20040008097C070208
Original file (20040008097C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:



      BOARD DATE:        19 July 2005
      DOCKET NUMBER:  AR20040008097


      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             |
|     |Mr. G. E. Vandenberg              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Lawrence Foster               |     |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 that her DD Form 214 (Certificate of Release or
Discharge) be corrected to show award of the Purple Heart.

2.  The applicant states that she does not know why the award of the Purple
Heart is not listed on her DD Form 214 despite having requested that her
records be corrected on three previous occasions.

3.  The applicant provides a copy of a certificate for award of the Purple
Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows she first entered active duty on 17 August
1981 and was relieved from active duty on 23 July 1984 by reason of being a
sole parent.  She was transferred to the Army Reserve (USAR) and served in
a troop program unit.

2.  The applicant's USAR unit was mobilized in support of Operation Desert
Shield/Desert Storm and she reentered active duty on 27 December 1990.

3.  On 23 February 1991, five days after arriving in Saudi Arabia, the
applicant received fragmentation wounds to her left calf and left wrist
during a SCUD missile attack.

4.  A Purple Heart certificate, dated 28 February 1991, indicates the
applicant was awarded the Purple Heart for wounds received in action.

5.  The applicant was reassigned to the Medical Holding Company, Walter
Reed Army Medical Center for follow-up care on 14 March 1991.

6.  On 16 August 1991, a Physical Evaluation Board (PEB) found the
applicant physically disabled as a result of her February 1991 injuries and
recommended she be placed on the Temporary Disability Retired List (TDRL).

7.  The applicant concurred with the findings and PEB findings were
approved on 19 August 1991.

8.  The applicant was released from active duty on 13 September 1991.  Her
DD Form 214 lists her awards as the Army Achievement Medal, the National
Defense Service Medal, the Southwest Asia Service Medal, the Army Service
Ribbon, and the Expert Badge with Rifle Bar.
9.  The applicant underwent TDRL evaluations in 1992 and 1993.  On 18 March
1994 she was removed from the TDRL and was discharged with severance pay
due to a permanent physical disability and found to be 20 percent
disabling.

10.  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 and 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, and the medical
treatment must have been made a matter of official record.

11.  Army Regulation 600-8-22 provides that service in the Persian Gulf War
is to be recognized by award of the Southwest Asia Service Medal to Army
members who participated in Operations Desert Shield/Desert Storm in the
designated area on or after 2 August 1990.  A bronze service star is
authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January
1991) and the Liberation and Defense of Kuwait (17 January to 11 April
1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

12.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign listed in Appendix B of
the regulation and states that authorized bronze service stars will be worn
on the appropriate campaign or service medal.  The regulation also lists
the designated campaign periods for which a bronze service star is
authorized for wear on the Southwest Asia Service Medal.  Based on the
applicant's dates of service in Saudi Arabia, Appendix B indicates she
participated in one campaign.

13.  The Kuwait Liberation Medal (KLM-SA) awarded by the Kingdom of Saudi
Arabia 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.

14.  The Kuwait Liberation Medal (KLM-K) awarded by the Government of
Kuwait 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 AND CONCLUSIONS:

1.  The applicant sustained wounds as a result of hostile action, on 23
February 1991, that required treatment and the medical treatment is a
matter of official record.
2.  Although her records do not contain copies of the orders awarding her
the Purple Heart the preponderance of evidence clearly indicates that she
is entitled to and was awarded the Purple Heart on 28 February 1991.

3.  It is therefor appropriate to correct her records to reflect her award
of the Purple Heart.

4.  Additionally, the applicant is also authorized the Kuwait Liberation
Medal (KLM-SA) awarded by the government of Saudi Arabia, the Kuwait
Liberation Medal (KLM-K) awarded by the government of Kuwait, and to wear
one bronze service star on her Southwest Asia Service Medal.

BOARD VOTE:

__TSK __  __JTM___  __LF___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing she was awarded the Purple Heart for wounds received on 28 February
1991, the Kuwait Liberation Medal (KLM-SA), the Kuwait Liberation Medal
(KLM-K), and to wear one bronze service star on her Southwest Asia Service
Medal.




                                  _     Ted S. Kanamine_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050719                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |. . . .                                 |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0                                   |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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