RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 November 2006
      DOCKET NUMBER:  AR20060006533


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Ms. Susan Powers                  |     |Member               |
|     |Mr. Dennis Phillips               |     |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, in effect, that he was injured in the line of
duty in a combat situation.

3.  The applicant provides discharge orders, dated 24 March 1992.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
3 April 1992.  The application submitted in this case is dated 27 April
2006.

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 applicant enlisted on 7 February 1984 for a period of 3 years.  He
trained as a self-propelled field artillery system mechanic.  On 8 January
1987, he was honorably discharged for immediate reenlistment.  He
reenlisted on 9 January 1987 for a period of 4 years.

4.  A DA Form 2173 (Statement of Medical Examination and Duty Status),
dated 4 June 1991, states that on 18 January 1991, while in Saudi Arabia,
the applicant was on duty when an M-8 alarm sounded, that he ran to his
fighting position, and that upon entering it he jammed his right arm.

5.  The applicant’s Medical Record Report, dated 4 November 1991, states he
was well until December 1990 when he had initial onset of pain to the right
elbow.  An x-ray showed degenerative joint [disease], otherwise no previous
history of injury or problems to the right elbow.  This medical record also
states that while in Saudi Arabia, the applicant fell in a foxhole and
twisted his right elbow in January 1991.

6.  The applicant’s DA Form 199 (Physical Evaluation Board (PEB)
Proceedings), dated 6 February 1992, states that his disability resulted
from a combat-related injury as defined in Title 26, U.S. Code Section 104.

7.  On 3 April 1992, the applicant was honorably discharged by reason of
physical disability with severance pay (10 percent).

8.  Discharge orders, dated 24 March 1992, state that his disability
resulted from a combat-related injury.

9.  The applicant’s DD Form 214 (Certificate of Release or Discharge from
Active Duty) shows the Army Service Ribbon, the National Defense Service
Medal, the Army Lapel Button, the Noncommissioned Officer Professional
Development Ribbon with Numeral (2), the Driver and Mechanic Badge (W and
T), the Southwest Asia Service Medal with two bronze service stars, the
Kuwait Liberation Medal, the Army Achievement Medal with Second Oak Leaf
Cluster, the Army Good Conduct Medal (2d Award), the Expert Marksmanship
Qualification Badge with Rifle and Grenade Bars, and two awards of the
Overseas Service Ribbon as authorized awards.

10.  There are no orders for the Purple Heart in the applicant's service
personnel records.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound 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, and the
medical treatment must have been made a matter of official record.  The
regulation also states that when contemplating an award of this decoration,
the key issue that commanders must take into consideration is the degree to
which the enemy caused the injury.

12.  Under the provisions of Section 104, Title 26, United States Code (26
U.S.C. 104), combat-related injuries cover those disabilities attributable
to the special dangers associated with armed conflict or the preparation or
training for armed conflict.  The provisions of 26 U.S.C. 104 also entitles
individuals who have sustained personal injuries that are determined to be
"combat-related injuries," to apply to the Veterans Administration (VA)
[currently known as the Department of Veterans Affairs] for disability
compensation which is exempt from income tax.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant's PEB Proceedings state his disability resulted
from a combat related injury, it appears the applicant's commanding officer
decided the degree to which the enemy caused the injury was insufficient to
justify award of the Purple Heart.  Therefore, there is insufficient
evidence on which to base award of the Purple Heart in this case.
2.  Records show the applicant should have discovered the alleged error now
under consideration on 3 April 1992; therefore, the time for the applicant
to file a request for correction of any error expired on 2 April 1995.
Although the applicant did not file within the ABCMR's statute of
limitations, it is appropriate to waive failure to timely file based on the
fact there is no statute of limitations on requests for award of the Purple
Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JM_____  _SP_____  __DP____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



                                  ___John Meixell_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006533                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061128                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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