RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 January 2008
	DOCKET NUMBER:  AR20070011675 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. James E. Vick

Chairperson

Mr. Thomas M. Ray

Member

Mr. Jeffrey C. Redmann

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 his service medical records show he received a bullet wound in his right calf while attending to the riots in Panama.

3.  The applicant provides two pages from his service medical records.  He provided a DA Form 638 (Recommendation for Award) with an earlier application, the portion of which concerning the Purple Heart was administratively closed.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  After having had prior service, the applicant enlisted in the Regular Army on 21 June 1963.  He was assigned to Panama on 29 October 1963.  

3.  Information obtained from the internet show that riots in Panama had occurred previously, but the January 1964 riots were uncommonly serious.  The incident began with a symbolic dispute over the flying of the Panamanian flag in the Canal Zone.  The United States finally agreed to raise the Panamanian and United States flags side by side at one location in the Canal Zone.  Panamanians remained dissatisfied as their flag appeared at only one location in the Canal Zone, while the United States flag flew alone at numerous other sites.  An agreement was finally reached that at several points in the Zone the United States and Panamanian flags would be flown side by side.  United States citizens 

residing in the Canal Zone were reluctant to abide by this agreement, and the students of an American high school, with adult encouragement, on two consecutive days hoisted the American flag alone in front of their school.

4.  Word of the gesture soon spread across the border, and on the evening of     9 January 1964 nearly 200 Panamanian students marched into the Canal Zone with their flag.  A struggle ensued, and the Panamanian flag was torn.  After that provocation, thousands of Panamanians stormed the boarder fence.  The rioting lasted 3 days, and resulted in more than 20 deaths, serious injuries to several hundred persons, and more than $2,000,000 of property damage.

5.  The applicant provided service medical records showing he received a bullet wound to his right calf as a result of being fired upon by Panamanian nationals during the January 1964 riots.

6.  On 25 January 1964, the applicant was recommended for award of the Army Commendation Medal for heroism in lieu of a Purple Heart.  The DA Form       638 noted in part, “Enemy sniper has excellent observation, as street lights were still burning.  Enemy sniper located approximately 60 yards away.  Enemy action prior to this time consisted of the throwing or rocks, bottles and Molotov Cocktails, together with sporadic sniper fire.”  The applicant was in a prone position behind a palm tree, his assigned position, guarding the Canal Zone when he was hit by a sniper’s bullet.  Award of the Army Commendation Medal was apparently not approved.

7.  On 31 January 1966, the applicant was transferred back to the States.  He was discharged on 17 July 1970.

8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member who, while serving under competent authority in any capacity with one of the Army Services, has been wounded or killed or who has died or may hereafter die after being wounded:

(1)  In any action against an enemy of the United States;

	(2)  In any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged;

	(3)  While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party;


	(4)  As a result of an act of any such enemy of opposing armed forces;

(5)  As a result of an act of any hostile foreign force;

	(6)  After 23 March 1973, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of the Army, or jointly by the Secretaries of the separate armed services concerned if persons from more than one service are wounded in the attack;

	(7)  After 28 March 1973, as a result of military operations while serving outside the territory of the United States as part of a peacekeeping force; or

(8)  Members killed or wounded by friendly fire.

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 applicant’s bullet wound was truly unfortunate; however, it was received during a civil disturbance.  The United States was not at war with Panama; Panama’s armed forces did not attack the Canal Zone; and the rioters were not a hostile foreign force.  

2.  Regrettably, the applicant did not meet the eligibility criteria for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jev___  __tmr___  __jcr___  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.




___James E. Vick______
          CHAIRPERSON




INDEX

CASE ID
AR20070011675
SUFFIX

RECON

DATE BOARDED
20080122
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0015
2.

3.

4.

5.

6.