IN THE CASE OF:	  

		BOARD DATE:	        19 February 2009

		DOCKET NUMBER:  AR20080018589 


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 lost four teeth from being stroked with a rifle butt and a broken xiphoid process (anterior chest) from being stomped on repeatedly during his 444 days in captivity in Iran from 4 November 1979 to 20 January 
1981.  He adds that he is a Prisoner of War (POW) Medal recipient and is also rated at 100-percent disabled, including a 70 percent rating for post-traumatic stress disorder.  He also states that there was no medical treatment received secondary to being a POW.

3.  The applicant did not provide any additional documentary evidence 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 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 records show he was initially inducted into the Army of the United States on 4 January 1967 and was trained in and held military occupational specialty 91B (Medical Specialist).  He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 3 December 1968.  He remained in the USAR until 21 June 1970 and subsequently enlisted in the Regular Army on 22 June 1970.  He executed a series of reenlistments in the Regular Army and was honorably discharged in the rank of sergeant first class on 7 July 1983 to accept appointment as a warrant officer.  He was subsequently appointed as a physician assistant, warrant officer one, on 8 July 1983.  He ultimately retired in the rank of chief warrant officer two on 1 July 1990.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 30 June 1990, shows he was awarded the Legion of Merit, the Soldier’s Medal, the Defense Meritorious Service Medal, the Good Conduct Medal (5th Award), the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon with numeral 3, the Army Service Ribbon, and the Overseas Service Ribbon (4th Award).

4.  On 31 October 2006, the applicant was issued a DD Form 215 (Correction to DD Form 214) awarding him the POW Medal for being a hostage in Tehran, Iran, from 4 November 1979 to 20 January 1981.

5.  Subsequent to his release from captivity, the applicant was awarded the Soldier’s Medal for heroism on or about 6 February 1980 during his captivity.  A copy of his permanent orders is not available; however, the citation cited the following reason:

For heroism, [Applicant], while being held captive as a hostage in Iran, distinguished himself by an act of heroism on or about 6 February 1989 when a fellow hostage suffered a severe reaction and became extremely ill from an insect bite.  [Applicant], drawing on his knowledge as a trained medic, quickly and correctly diagnosed the illness and recognized that immediate action was required.  He explained repeatedly to his armed guards that he had to obtain some medicine immediately to preclude endangering the life of the seriously ill hostage.  After repeated adamant refusals by his volatile and unpredictable captors, [Applicant], with complete disregard for his personal safety, broke away from the armed 
guards and ran to the dispensary to get the required medicine.  After obtaining the medicine, he returned and administered it to his fellow hostage, thereby probably saving his life.

6.  The applicant's medical records are not available for review with this case.

7.  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. 

8.  Paragraph 2-8j of this regulation states that for those who became Prisoners of War during World War II, the Korean War, and before and after 25 April 1962, the Purple Heart will be awarded to individuals wounded while prisoners of foreign forces, upon submission by the individual to the Department of the U.S. Army of an affidavit that is supported by a statement from a witness, if this is possible.

9.  On 20 January 1981, minutes after Ronald Reagan was sworn in as President, the American hostages were released by Iran into U.S. custody, having spent 444 days in captivity.  The hostages were flown to Algeria as a symbolic gesture for the help of that government in resolving the crisis.  The flight continued to Rhein-Main Air Base in West Germany, where former President Carter, acting as emissary, received them.  After medical check-ups and debriefings, they took a second flight to Stewart Air National Guard Base in Newburgh, New York, with a refueling stop in Shannon, Ireland, where they were greeted by a large crowd.  From Newburgh they traveled by bus to the United States Military Academy, receiving a heroes' welcome all along the route.  Ten days after their release, the former hostages were given a ticker tape parade through the Canyon of Heroes in New York City.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was beaten by his captors during his terrifying and lengthy captivity in Iran has been carefully considered; however, it is insufficient to support awarding him the Purple Heart in this case.

2.  Each approved award of the Purple Heart must exhibit all of the following factors:  wound, injury or death must have been the result of enemy, hostile act, and/or an international terrorist attack; the wound or injury must have required treatment by medical officials; and the records of medical treatment must have been made a matter of official Army records.

	a.  With respect to the injury being a result of hostile action, the applicant’s sincerity is not in question.  However, in the absence of a witness statement to corroborate his contention that he was beaten by his captors and lost four teeth from being stroked with a rifle butt and a broken anterior chest, there is insufficient conclusive evidence to support award of the Purple Heart to the applicant in this case.

	b.  With respect to medical treatment during captivity, it is reasonable to state that the applicant’s captors did not provide any treatment to him or other hostages.  Nevertheless, with respect to records of medical treatment being made a matter of official Army records, the applicant should have received a complete medical examination upon his release from captivity that would have documented residual effects of injuries such as scars, marks, the loss of his teeth, etc.  However, in this case the applicant did not provide any documentary evidence to support his alleged injuries.

3.  Regrettably, in view of the forgoing there is insufficient evidence to award the applicant the Purple Heart in this case at this time.

BOARD VOTE:

____X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board unanimously determined during its review that the evidence presented was sufficient to warrant a recommendation for relief.  The applicant's story appears to be credible given his award of the Soldier's Medal for heroism.  It is unlikely that he would be lying about being mistreated by Iranian captors and it is unreasonable to expect the Iranian captors documented wounds or injuries inflicted.  Therefore, the interest of justice requires resolving doubt in favor of the applicant.

2.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the Purple Heart for wounds sustained between 4 November 1979 and 20 January 1981 and adding this award to his DD Form 214.


																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)                                         AR20080018589



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080018589



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1