RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            03 August 2006
      DOCKET NUMBER:   AR20060000903


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Gerald Purcell                |     |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.

2.  The applicant states that he fractured his left femur at the conclusion
of Operation “Provide Comfort”.  He goes on to state that since he was
still in a combat zone, he should have been awarded the Purple Heart.  He
continues by stating that he was medically evacuated to Turkey and his
medical records should document his entitlement to the Purple Heart and he
desires it to be awarded because he earned it.

3.  The applicant provides no additional documents with his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 August 1999.  The application submitted in this case is
dated 10 November 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.  He enlisted in the Regular Army on 8 January 1985 for a period of 3
years, airborne training and training as a medical specialist.   He
completed his basic combat training at Fort Knox, Kentucky, his advanced
individual training at Fort Sam Houston, Texas, and his airborne training
at Fort Benning, Georgia, before being transferred to Fort Campbell,
Kentucky.

4.  He was promoted to the pay grade of E-5 on 1 November 1989 and on
19 December 1989, he reenlisted under the Bonus Extension and Retraining
(BEAR) Program for a period of 6 years for training in military
occupational specialty 18D (Special Forces Medic) and a selective
reenlistment bonus (SRB).

5.  Upon completion of his training at Fort Bragg, North Carolina and Fort
Sam Houston, he was transferred to Germany on 1 March 1990.  He was
promoted to the pay grade of E-6 on 1 November 1990.
6.  On 9 April 1991, he deployed to Turkey on temporary duty (TDY) and
served there until 24 May 1991.  Although his medical records are not
available for review by the Board, his Noncommissioned Officer Evaluation
Report (NCOER) covering the period from October 1990 through September 1991
indicates that he devoted 100% of mental and physical abilities during
Operation Provide Comfort.  It makes no mention of any injury occurring
during the period of deployment.

7.  However, his NCOER covering the period from August 1992 through
December 1992 indicates in Part IVc, under Physical Fitness and Military
Bearing, that the applicant developed an individual physical training
program to enable him to recover quickly from a broken femur.   There is no
indication that he was deployed during this period nor is there any
indication of how his injury occurred.

8.  On 2 April 1999, while the applicant was stationed at Fort Bragg, a
memorandum was dispatched to the applicant from the Enlisted Records and
Evaluation Center in Indianapolis, Indiana informing the applicant that the
Calendar Year 1999 Master Sergeant Promotion Selection Board had determined
that he should be barred from reenlistment under the QMP based on the
presence of two NCOERs ending in October 1997 and February 1998 and a
Memorandum of Reprimand dated 11 February 1998.  He was advised that he had
60 days in which to submit an appeal and that if his appeal was denied, he
would be separated within 90 days.

9.  There is no indication in the available records that the applicant ever
appealed the bar to reenlistment under the QMP or that he ever appealed the
evaluation reports or the LOR that served as the basis for the bar to
reenlistment.

10.  Accordingly, he was honorably discharged on 27 August 1999, under the
provisions of Army Regulation 635-200, paragraph 16-8, due to reduction in
force.  He had served 14 years, 7 months and 20 days of total active
service and received one-half separation pay in the amount of $20,154.42.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound/injury 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 by a medical officer, and the medical treatment must
have been made a matter of official record.


DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

2.  The applicant’s contention that he was injured in a combat zone is not
supported by the available evidence of record.  Although, just being in a
combat zone is not sufficient in itself to qualify for award of the Purple
Heart, the first mention of the applicant having an injury to his femur was
during his NCOER ending in December 1992.  However, he was deployed to
Turkey from April 1991 to May 1991.

3.  In any event, he has failed to show through the evidence of record and
the evidence submitted with his application that his wound was the result
of enemy action.

4.  It is also noted that the applicant was serving as a Special Forces
Medical Sergeant at the time and should have been well versed on what
wounds/injuries qualified for award of the Purple Heart and the procedures
to have a Purple Heart awarded.

5.  Therefore, absent evidence to show that he was injured as a result of
enemy action, there appears to be no basis to award him the Purple Heart.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 August 1999; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 26 August 2002.  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

___MP __  ____MF _  ____GP _  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.




                                  ____Margaret Patterson______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000903                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060803                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19990827                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |QMP                                     |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |                                        |
|1.107.0015/61/ph        |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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