RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20050016091


      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. Allen L. Raub                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 he be awarded the Purple Heart for injuries
received during Operation Just Cause.

2.  The applicant states he was injured on 27 January 1990, during
Operation Just Cause, when a member of the Panamanian Defense Force
deliberately ran the checkpoint he was manning and hit him with his car.

3.  The applicant provides copies of his personal statement describing the
27 January 1990 incident, a 27 January 1990 Standard Form 558 (Emergency
Care and Treatment Record), a 27 January 1990 Standard Form 557
(Consultation Sheet), his DD Form 214 (Certificate of Release or Discharge
from Active Duty), and a 27 March 1990 Department of the Army (DA) 555th
Military Police Company memorandum.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the applicant be awarded the Purple Heart.

2.  Counsel states that while serving with the 555th Military Police
Company in Panama the applicant was deliberately struck by a vehicle driven
by a member of the Panamanian Defense Force.

3.  Counsel provides no additional supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 26 June 1990, the date of his release from active duty.  The
application submitted in this case is dated 28 October 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 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 records show the applicant entered active duty on 16 August 1985,
completed training, and was awarded the military occupational specialty
(MOS) 95B (Military Policeman).  He reenlisted on 3 March 1988.

4.  The applicant served with the 555th Military Police Company in Panama
during Operation Just Cause.

5.  A 27 January 1990 Standard Form 558 (Emergency Care and Treatment
Record), and a 27 January 1990 Standard Form 557 (Consultation Sheet)
record the fact that the applicant was hit by a car and thrown several
feet.  He received soft tissue injuries to his right thigh and x-rays
revealed a bone chip fracture at  C-5.  He was treated for these conditions
and placed on 30 days of convalescent leave.

6.  The record does not contain a line of duty determination investigation
or any other information on the injury except as noted in the medical
records.

7.  The applicant's name appears on the 27 March 1990 Department of the
Army (DA) 555th Military Police Company memorandum which authorized members
of the command to wear the right shoulder sleeve insignia and the Armed
Forces Expeditionary Medal for wartime service from 20 December 1989
through 31 January 1990 during Operation Just Cause in Panama.

8.  The applicant was honorably released from active duty on 26 June 1990
having served 4 years, 10 months, and 11 days.  His DD Form 214 lists his
awards as the Army Commendation Medal with one Oak Leaf Cluster, the Army
Achievement Medal, the Armed Forces Expeditionary Medal, the Good Conduct
Medal, the Joint Service Achievement Medal, the Army Service Ribbon, the
Noncommissioned Officer Professional Development Ribbon, the Overseas
Service Ribbon, and the German Bronze Shooter Badge.

9.  The applicant provided a personal statement attesting to the facts
surrounding the 27 January 1990 injury.  He indicates that he was the duty
sergeant for a checkpoint and after deploying his personnel he cleared a
truck when he was hit by a car traveling at high speed on the wrong side of
the road.  He indicates that the driver attempted to flee on foot but was
captured by his men.

10.  Army Regulation 600-8-22, paragraph 2-8 provides for award of the
Purple Heart to an individual who is wounded in action against an enemy of
the United States, the armed force of a foreign country which is or has
been engaged, while serving with a friendly foreign forces against an
opposing force even though the U.S. is not engaged, as the result of any
act of such enemy or opposing force or as a result an act of any hostile
foreign force.  Substantiating evidence must be provided to verify that the
wound was the result of hostile action, the wound must have required
treatment by a medical officer, and the medical treatment must have been
made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record indicates that while serving in Panama during
Operation Just Cause the applicant was injured as the result of being hit
by a car.

2.  However, there is insufficient documentation of the incident to show
that the driver of the car was a member of the Panamanian Defense Force or
that the injuries were the result of hostile action.

3.  Without a line of duty determination or corroborating evidence from the
applicant's commanding officer or members of his squad that the driver was
a member of the Panamanian Defense Force award of the Purple Heart is not
warranted.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 June 1990; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 25 June 1993.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_LMD___  __ALB __  __PMT___  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.




                                  _          Allen L. Raub__________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050016091                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |  . . . . .                             |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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