IN THE CASE OF:
BOARD DATE: 5 June 2008
DOCKET NUMBER: AR20080004369
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Purple Heart.
2. The applicant states that he was injured in his eye and face as a result of flying glass when the door of the truck he was driving imploded, during Operations Desert Shield/Storm.
3. The applicant provides a copy of Standard Form 600 (Health Record), dated 13 August 1991, in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. With nearly 9 years of prior enlisted service, the applicant's records show that he enlisted in the Regular Army on 4 December 1990. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 45K (Armament Fire Control Maintenance Specialist). He was honorably discharged on 29 December 2000. The highest rank/grade he attained during his military service was sergeant (SGT)/E-5.
3. The applicants records show he served in Southwest Asia from 18 August 1990 to 7 August 1991.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of the applicants DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the Army Lapel Button, the Army Commendation Medal (2nd Award), the Army Achievement Medal (2nd Award), the Army Good Conduct Medal (2nd Award), the National Defense Service Medal, the Southwest Asia Service Medal with three bronze service stars, the Noncommissioned Officers Professional Development Ribbon with numeral 2, the Army Service Ribbon, the Overseas Service Ribbon (2nd Award), the Kuwait Liberation Medal, and the Driver and Mechanic Badge with Driver Bar. Item 13 does not show award of the Purple Heart.
5. Item 9 (Awards, Decorations, and Campaigns) of the applicants DA Form 2-1 (Personnel Qualification Record) does not show award of the Purple Heart.
6. The applicant's medical records are not available for review with this case.
7. There are no general orders in the applicant's records that show he was awarded the Purple Heart.
8. The applicants Southwest Asia Demobilization/Redeployment Medical Evaluation, recorded on his SF 600, dated 13 August 1991, shows that broken glass get did get into the applicants eye and that he was treated for cuts in his face.
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record. This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
There are no general orders that show the applicant was awarded the Purple Heart and there is no evidence in his service personnel records that shows that he was wounded or injured as a result of hostile action or treated for such wounds. In the absence of documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __xxx___ 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.
XXX
_ _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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