RECORD OF PROCEEDINGS


      IN THE CASE OF:
      BOARD DATE:          22 December 2005
      DOCKET NUMBER:  AR200050005706


      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:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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 believes he should have been awarded the
Purple Heart for “injuries I incurred during combat.”

3.  The applicant provides copies of: his DD Form 214 (Certificate of
Release or Discharge from Active Duty), dated 13 September 1993; a DA Form
199 (Physical Evaluation Board [PEB] Proceedings), dated 3 September 1993;
and an undated statement from his former Platoon Sergeant who witnessed the
event that caused the applicant’s injury during Operation Desert Storm.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 13 September 1993.  The application submitted in this case is
dated 24 March 2005.

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 military records show he enlisted in the Regular Army
on 1 April 1987 and trained in Military Occupational Specialty 13B10
(Cannoneer).  He served in Germany and later at Fort Sill, Oklahoma.  The
applicant deployed to Saudi Arabia in support of Operations Desert Shield
and Desert Storm where he served from 28 September 1990 to 6 April 1991
with 5th Battalion, 18th Field Artillery.  He was honorably discharged from
the Army on 13 September 1993 by reason of physical disability with
severance pay.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant’s DD Form 214 shows he is entitled
to the following awards: the Army Commendation Medal; the National Defense
Service Medal; the Southwest Asia Service Medal with one bronze service
star; the Army Service Ribbon; the Overseas Service Ribbon; the Kuwait
Liberation Medal; the Army Good Conduct Medal; the Sharpshooter
Marksmanship Badge with Rifle Bar; and the Expert Marksmanship Badge with
Grenade Bar.  No other awards or decorations are listed.

5.  A DA Form 2171 dated 24 August 1993 shows the applicant was injured
“lifting 8 inch rounds in Iraq, FEB 91.”  The form further indicates the
applicant “was downloading ammunition by hand due to the load bearing
equipment in the vehicle being inop, he hurt his back after accidentally
falling off the truck.”

6.  The eyewitness statement provided by the applicant indicates the
applicant injured himself on 22 February 1991 in Iraq during Operation
Desert Storm during night operations while downloading ammunition.

7.  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.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

8.  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 (SWASM) 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) campaigns.

9.  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.

10.  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.  There is no evidence the applicant was 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.  The description of the incident provided by the applicant clearly
shows he was accidentally injured as a result of downloading ammunition by
hand and falling off a truck, not a result of enemy action or hostile fire.
 Therefore, the applicant is not entitled to award of the Purple Heart or
to correction of his records to show this decoration.

2.  Evidence of record shows that the applicant received the Southwest Asia
Service Medal and participated in two campaigns.  As a result, he is
entitled to award of one additional bronze service star, to be affixed to
the Southwest Asia Service Medal, and correction of his records to show
this appurtenance.

3.  The applicant’s DD Form 214 shows he is entitled to the Kuwait
Liberation Medal.  Since he was separated on 13 September 1993, and the
Kuwaiti version of the Kuwait Liberation Medal was not approved until 9
November 1995, the version currently shown on his separation document can
only be the Saudi version.  Evidence of record shows the applicant is also
entitled to the Kuwaiti version.  In order to correctly show the applicant
is entitled to both foreign awards, Item 13 of his DD Form 214 should be
corrected by deleting award of the “Kuwait Liberation Medal” and adding
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).

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 September 1993.  Therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on 12 September 1996.  Although the applicant did not
file within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

5.  The evidence shows that the applicant’s record contains administrative
error that does not require action by the Board.  The necessary corrections
will be accomplished administratively by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined in paragraph 2 of the
Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___tsk___  ____jbm_  ____rld__  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.  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:

      a. by showing award of one additional bronze service star, for a
total of two, to be added to the Southwest Asia Service Medal; and

      b. by deleting award of the “Kuwait Liberation Medal” in Item 13 of
his DD Form 214 and adding 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).




            _____Ted S. Kanamine________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005706                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051222                                |
|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.                      |                                        |


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