IN THE CASE OF:	  

		BOARD DATE:	        05 FEBRUARY 2009

		DOCKET NUMBER:  AR20080016565 


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, in effect, that his military records be corrected to show the award of the Purple Heart. 

2.  The applicant states that he was awarded the Purple Heart for injuries he received while on active duty during the invasion of Panama, but that it is not listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty). He also states that he does not have his orders for the Purple Heart, but that he has his Purple Heart medal and certificate.  

3.  The applicant provides his DD Form 214 and an undated and unsigned self-authored statement in support of this 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 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.  The applicant's military records show that he enlisted in the Regular Army on 12 November 1987.  He completed initial entry training and advanced individual training and was awarded military occupational specialty (MOS) 11H (Heavy Anti-Armor Weapons Infantryman).  After completing airborne training, he was reassigned to Fort Bragg, North Carolina and assigned to Company D, 2nd Battalion, 504th Parachute Infantry Regiment.  He deployed to Panama on        20 December 1989 and participated in Operation Just Cause.  On 31 May 1990, he was relieved from active duty because of physical disability and placed on the Temporary Disability Retired List (TDRL) on 1 June 1990.  The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Armed Forces Expeditionary Medal, the Army Service Ribbon, the Combat Infantryman Badge, the basic Parachutist Badge, the Sharpshooter Marksmanship Qualification Badge with Rocket Launcher Bar, and the Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars.  On 31 January 1992, he was removed from the TDRL and retired due to permanent physical disability on 1 February 1992.  

3.  The applicant's military records do not show that he was awarded the Purple Heart.  

4.  Correspondence related to the applicant's disability processing shows that he received gunshot wounds to his abdominal and back (left side) areas on the afternoon of 22 December 1989 while on active duty in action in Panama.  His DA Form 199 (Physical Evaluation Board [PEB] Proceedings) also shows that he suffered incomplete paraplegia as a result of these gunshot wounds which were suffered in hostilities.

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  The applicant served 2 years, 6 months, and 19 days of continuous enlisted active service from 12 November 1987 to 31 May 1990, but his military records do not show that he was awarded the Good Conduct Medal.  There is no derogatory information in his military records which could be a disqualifying factor in awarding him the Good Conduct Medal for this period of service.  His military records also show that he scored an 86 out of 100 on his Skill Qualification Test, and there is no indication that his commanding officer made a determination that he should not be favorably considered for award of the Good Conduct Medal.

7.  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 a result of 
hostile action, that the wound must have required treatment by a medical personnel, and that the medical treatment was made a matter of official record.  As with all personal decorations, announcement in orders is required.

8.  Army Regulation 600-8-22 also provides, in pertinent part, that the Good Conduct Medal is awarded to Soldiers who distinguishes himself or herself from among his or her fellow Soldiers by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 
3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Throughout a qualifying period, each enlisted Soldier must, among other requirements, conduct themselves in such an exemplary manner as to distinguish them from their fellow Soldiers.  In terms of job performance, the Soldier's efficiency must be evaluated and must meet all requirements and expectations for that Soldier's grade, MOS, and experience.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records be corrected to show the award of the Purple Heart. 

2.  The evidence of record clearly shows that the applicant suffered gunshot wounds in action on 22 December 1989 while participating in Operation Just Cause in Panama.  The fact that the applicant stated that he has his Purple Heart medal and certificate was noted.  While the applicant only requested that his military records be corrected to show the award of the Purple Heart, due to the absence of orders officially awarding him the Purple Heart, it would be appropriate at this time to officially award him, in orders, the Purple Heart, and correct his military records to show the award of the Purple Heart.

3.  The applicant served 2 years, 6 months, and 19 days of continuous enlisted active service from 12 November 1987 to 31 May 1990, and there is no evidence of derogatory information in his military records which could be a disqualifying factor in awarding him the Good Conduct Medal for this period of service.  There is also no indication that his commanding officer made a determination that he should not be favorably considered for award of the Good Conduct Medal.  In view of the foregoing, it would be appropriate at this time to award him the Good Conduct Medal for the period 12 November 1987 to 31 May 1990, and correct his military records to show the award of the Good Conduct Medal.



BOARD VOTE:

___X_____  ___X_____  __X______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Purple Heart for wounds received in action against the enemy in Panama on 22 December 1989;

	b.  awarding him the Good Conduct Medal for the period 12 November 1987 to 31 May 1990; and

	c.  adding the Purple Heart and Good Conduct Medal to his DD Form 214.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during Operation Just Cause in Panama.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      _______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.

ABCMR Record of Proceedings (cont)                                         AR20080016565



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ABCMR Record of Proceedings (cont)                                         AR20080016565



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