RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 June 2007
DOCKET NUMBER: AR20070001041
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.
Ms. Catherine C. Mitrano
Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Ms. Sherri Ward
Chairperson
Mr. Richard Dunbar
Member
Mr. David Tucker
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart.
2. The applicant states, in effect, that he received wounds to his right hand from hostile enemy forces (Iraqi Army) during Operation Desert Storm in combat action. He contends that he was put in for the Purple Heart and that the paperwork got lost because of the deactivation of the unit.
3. The applicant provides a copy of his DD Form 214; a memorandum for record, dated 10 January 2007; an award certificate for the Bronze Star Medal for exceptionally meritorious service during Operation Desert Storm from 17 January 1991 to 28 February 1991; a history document on the 3rd Battalion, 20th Field Artillery during Operation Desert Storm; and numerous service medical records.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted on 16 November 1982 and served as a cannon crewmember and recruiter. He served in Southwest Asia in support of Operation Desert Storm. He remained on active duty through continuous reenlistments until he retired on 30 June 2006 in the rank of master sergeant.
2. The applicants DD Form 214 does not show the Purple Heart as an authorized award.
3. There are no orders for the Purple Heart in the available records.
4. In support of his claim, the applicant provided a memorandum for record, dated 10 January 2007, from the Station Commander, U.S. Army Recruiting Company, in Philadelphia, Pennsylvania. He states, in pertinent part, that While on duty in combat [the applicants name] was wounded, that While leading his team [the applicants name] received a wound to his right hand from hostile enemy forces and that [the applicants name] was recommended for the Purple Heart for his acts of heroism and Selfless Service. The Station Commanders relationship to the applicant during Operation Desert Storm is not identified.
5. The applicant also provided numerous service medical records. One medical record shows the applicant was evacuated from Saudi Arabia and hospitalized from 28 March to 29 March [1991] for a rupture (most likely of a tendon or ligament) of his right ring finger. Another medical record, dated 18 April 1991, states, in pertinent part, that Pt. [patient] relates that initial injury occurred on or the end of February, but is uncertain as to direct cause of injury.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he received wounds to his right hand during Operation Desert Storm in combat action fighting against the Iraqi Army (Republic Guard) was noted. However, the applicant provided contemporaneous medical documentation which states he reported that he was uncertain as to the direct cause of his hand injury.
2. There is no evidence in the available records which shows that he was wounded or injured as a result of hostile action in Southwest Asia. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action, the 10 January 2007 memorandum provided by the applicant is not sufficient as a basis for award of the Purple Heart. Therefore, there is insufficient evidence on which to base an award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
SW_____ _RD____ __DT____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
___Sherri Ward________
CHAIRPERSON
INDEX
CASE ID
AR20070001041
SUFFIX
RECON
DATE BOARDED
20070621
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107.0015
2.
3.
4.
5.
6.
ARMY | BCMR | CY2013 | 20130020827
The applicant states: * he was actively engaged in ground combat and met the criteria for award of the Combat Infantryman Badge * his unit was actively engaged in ground warfare against the Iraq forces during Operation Desert Storm in 1991 * he served in an imminent danger pay area which is reflected on his DA Form 2-1 (Personnel Qualification Record-Part II) * he was assigned to an infantry unit during Operation Desert Storm and he mailed his family letters using this address * a book was...
ARMY | BCMR | CY2005 | 20050005706C070206
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. Therefore, the applicant is not entitled to award of the Purple Heart or to correction of his records to show this decoration. ...
ARMY | BCMR | CY2008 | 20080019118
In the processing of the LOD, a statement was provided by an officer who stated that he was the medical officer who provided care to the applicant for his back injury following a mortar attack on his forward operating base (FOB) on 4 September 2003. The statement from the medical officer who provided care to the applicant for his back injury following a mortar attack on 4 September 2003 has been carefully considered. In the absence of medical records showing that the applicant was provided...
ARMY | BCMR | CY2003 | 2003085089C070212
EVIDENCE OF RECORD : The applicant's military records show: The Board reviewed the medical records submitted by the applicant showing that he sustained an injury to his left arm and was treated for that injury. The Board considered the applicant's contention that he should be awarded the Purple Heart for emphysema he sustained as the result of oil well fires in Kuwait.
ARMY | BCMR | CY2002 | 2002073075C070403
The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show award of the Purple Heart in 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized). There is no military medical record that shows the applicant was wounded or treated for wounds as a result of hostile action during service in Southwest Asia. Based on the foregoing, the Board determined that the applicant was not wounded as a result of hostile action.
ARMY | BCMR | CY2008 | 20080009633
It stated that "division commanders in the grade of major general who had troops committed to the combat operation and hospital commanders receiving casualties could award the Purple Heart to Soldiers who were wounded as the direct result, repeat, direct result of enemy action." There is no evidence in the record and the applicant has provided no evidence to show that a Scud missile actually exploded anywhere near the King Abdul Aziz Hospital. In the absence of conclusive evidence that...
ARMY | BCMR | CY1995 | 9507527C070209
APPLICANT REQUESTS: Correction of his military records to reflect award of the Purple Heart and Combat Infantryman Badge. EVIDENCE OF RECORD: The applicant's military records show: He was a member of the USAR when he was called to active duty on 14 January 1991 in support of Operation Desert Shield/Storm. In the absence of more convincing evidence that the applicant was actively engaged in ground combat or that his injuries occurred while on a combat mission, as opposed to while guarding...
ARMY | BCMR | CY2009 | 20090005326
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart. It stated that "division commanders in the grade of major general who had troops committed to the combat operation and hospital commanders receiving casualties could award the Purple Heart to Soldiers who were wounded as the direct result, repeat, direct result of enemy action." In the absence of conclusive evidence that shows he was wounded or...
ARMY | BCMR | CY2002 | 2002078031C070215
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2004 | 20040009350C070208
The applicant requests correction of his records to show award of the Purple Heart. The applicant states, in effect, that he sustained combat wounds and was treated for his injuries by military personnel while serving on combat operations in the Persian Gulf from on or about the August 1991 through an unknown period in 1992. There also is no evidence in his service personnel records that shows that he was wounded or treated for wounds as a result of hostile action in the Persian Gulf.