RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          23 August 2005
      DOCKET NUMBER:  AR20040010375


      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. Richard P. Nelson             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Ms. Marla J. N. Troup             |     |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 he has recently been rated as 100 percent
disabled and cannot function normally.  He suffers from post-traumatic
stress disorder, depression, obsessive-compulsive behavior and bi-polar
disorder.  He states that he served 13 months in a combat zone, that he has
“psychological scars” as a result and, in effect, should be awarded the
Purple Heart.

3.  The applicant states that he is providing documentation from the North
Shore Mental Health Clinic in Chelsea, Massachusetts and also a doctor’s
statement; however, the applicant’s request arrived at the Board with no
enclosures.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 8 February 1995.  The application submitted in this case is
dated 12 November 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 limitation 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’s records show that he enlisted in the Regular Army on
15 August 1989 and trained in Military Occupational Specialty 11M10
(Fighting Vehicle Infantryman).  He served in Operations Desert Shield and
Desert Storm from 8 January to 9 May 1991 and was honorably separated on 11
March 1992 in pay grade E-4.  The applicant re-enlisted on 21 January 1993
and served at Fort Riley, Kansas prior to being discharged under the
provisions of Chapter 14, Army Regulation 635-200 (Misconduct) on 8
February 1995 in pay grade E-4.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant’s DD Form 214 (Certificate of
Release or Discharge from Active Duty) shows that he is entitled to the
following awards: the Army Service Ribbon; the National Defense Service
Medal; the Overseas Service Ribbon; the Southwest Asia Service Medal with
three bronze service stars; the Kuwait Liberation Medal; the Army Good
Conduct Medal; the Noncommissioned Officer Professional Development Ribbon;
the Army Commendation Medal with 1st Oak Leaf Cluster; the Army Achievement
Medal; the Valorous Unit award; the Combat Infantryman Badge; and, the
German Marksmanship Badge in Bronze.  No other awards or decorations are
listed.

5.  The applicant’s records appear to be quite intact and complete.  There
are no orders or certificates in the records, and the applicant has not
provided any orders or certificates, that show he was awarded the Purple
Heart.  There is no indication in the applicant’s medical records that he
was wounded, or treated for wounds, as a result of hostile action.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded to any member of an Armed Force who, while
serving under competent authority in any capacity with one of the U.S.
Armed Services after 5 April 1917, has been wounded or killed 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.  The regulation lists post-traumatic stress disorder as an
example which “clearly does not qualify for award of the Purple Heart.”

7.  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.

8.  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 AND CONCLUSIONS:

1.  It is noted that applicant feels he should be awarded the Purple Heart
for “psychological scars.”  However, there are no provisions for awarding
the Purple Heart for such conditions.  To the contrary, the governing
regulation specifically prohibits award of the Purple Heart for post-
traumatic stress disorders.

2.  There is no evidence that the applicant was ever awarded the Purple
Heart.  There is no evidence in the applicant’s service personnel records
that shows he was wounded, or treated for wounds or injuries, as a result
of hostile action.  Therefore he is not entitled to award of the Purple
Heart.
3.  The applicant’s records show that he was awarded the Kuwait Liberation
Medal, as of 8 February 1995.  Since the Kuwaiti version of the Kuwait
Liberation Medal was not approved until 9 November of 1995, the version
shown in the applicant’s records is clearly the Saudi version.

4.  The applicant served in Southwest Asia in support of Operations Desert
Shield and Desert Storm from 8 January to 9 May 1991.  Therefore, he is
entitled to award of Kuwait Liberation Medal awarded by the Government of
Kuwait (KLM-K) in addition to the Kuwait Liberation Medal awarded by the
Kingdom of Saudi Arabia (KLM-SA).  Further, the applicant is entitled to
correction of his records to show these foreign awards.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 February 1995; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 7 February 1998.  However, the applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

6.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____kan_  ___wdp__  ___mt___  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.
2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by:

      a. amending the current entry “Kuwait Liberation Medal” in Item 13 of
his DD Form 214 to read “Kuwait Liberation Medal (KLM-SA)”; and,

      b. adding award of the Kuwait Liberation Medal (KLM-K).




            ______Kathleen A. Newman________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010375                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050823                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]