IN THE CASE OF:	  

		BOARD DATE:	        14 MAY 2009

		DOCKET NUMBER:  AR20090002701 


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 consideration for award of the Purple Heart.

2.  The applicant states that on 9 March 1991, she was tasked to accompany a team of veterinarians to the Kuwait City Zoo.  She states that while assessing damage and feeding animals, she was bitten by a baboon and sustained a 3 centimeter laceration to the right hand.  She states that although the injury was not directly caused by enemy activity, it was reported by the press and coalition forces that the zoo animals had been released, hunted and starved as a result of the Iraqi occupation in 1990.  She states that her injury was not stitched due to animal saliva and that a full series of rabies vaccinations were necessary in addition to a prophylactic dose of acyclovir for 1 year.

3.  The applicant provides in support of her application, a copy of her Chronological Record of Medical Care for the period 9 March 1991 through 13 March 1991.

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.  On 24 February 1977, the applicant enlisted in the United States Army Reserve in Oklahoma City, Oklahoma, for 6 years, in the pay grade of E-1.  She enlisted in the Regular Army for 3 years on 11 March 1977 and she successfully completed her training as a combat area surveillance radar repairer.

3.  The applicant was honorably discharged on 15 August 1978, under the provisions of Army Regulation 635-200, chapter 8, due to pregnancy.  The DD Form 214 (Report of Separation from Active Duty) that she was furnished at the time of discharge shows that she was awarded the Expert Marksmanship Qualification Badge.

4.  On 21 December 1984, the applicant enlisted in the United States Army Reserve (USAR) for 1 year.  She successfully completed her training and she was award an administrative specialist military occupational specialty.  She reenlisted in the USAR for 6 years on 28 September 1985.

5.  On 3 January 1991, the applicant was ordered to active duty in support of Operation Desert Shield/Storm.  She was transferred to Kuwait on 28 February 1991.

6.  A DA Form 2173 (Statement of Medical Examination and Duty Status) contained in the applicant’s official military record shows that on 9 March 1991, she was treated as an outpatient at the 209th Evacuation Hospital in Kuwait for an animal bite to her right hand.  The statement shows that she was feeding the animals in the zoo when she was bitten by a baboon.  She was treated for the bite and she required a medical follow-up in six months for a blood test and continued medication until her blood test was normal.

7.  The applicant was honorably released from active duty (REFRAD) on 10 August 1991, under the provisions of Army Regulation 635-200, chapter 4, upon completion of her required service and she was transferred to Headquarters, 90th Army Reserve Command, San Antonio, Texas.

8.  The DD Form 214 that the applicant was furnished at the time of her REFRAD shows that she was awarded the Army Service Ribbon, the National Defense Service Medal, the Army Lapel Button, the Sharpshooter Marksmanship Qualification Badge (Rifle M-16), the Southwest Asia Service Medal w/one bronze service star, the Army Commendation Medal, and the Army Achievement Medal.

9.  On 18 June 1992, the applicant was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to amend her DD Form 214 for the period ending 10 August 1991 by deleting the Southwest Asia Service Medal w/one bronze service star and adding the Southwest Asia Service Medal w/two bronze service stars, the Kuwait Liberation Medal, the Army Commendation Medal (First Oak Leaf Cluster), one Overseas Service Bar, and the Humanitarian Service Medal.

10.  On 5 January 1995, the applicant was issued another DD Form 215 to amend her DD Form 214 for the period ending 10 August 1991 by adding the Meritorious Service Medal and the Joint Service Achievement Medal.

11.  The Purple Heart was established by General George Washington at Newburgh, New York, on 7 August 1782, during the Revolutionary War. It was reestablished by the President of the United States per War Department General Orders 3, 1932 and is currently awarded pursuant to Executive Order 11016, 25 April 1962; Executive Order 12464, 23 February 1984; Public Law 98-525 , 19  October 1984 amended by Public Law 100-48, 1 June 19871; Public Law 103-160, 30 November 1993; Public Law 104-106, 10 February 1996; and Public Law 105-85, 18 November 1997. 

12.  Army Regulation 600-8-22 (Military Awards) states that the Purple Heart is awarded in the name of the President of the United States and per 10 U.S. Code 1131, effective 19 May 1998, is limited to members of the Armed Forces of the United States who, while serving under component authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may hereafter die after being wounded in any action against an enemy of the United States. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she should be considered for award of the Purple Heart based on being bitten by a baboon while she was Kuwait.

2.  Her contentions have been noted.  However, based on the applicable regulation she is not entitled to the award of the Purple Heart.  In accordance with the applicable regulation the Purple Heart is awarded to anyone who has been wounded or killed, or who has died or may hereafter die after being wounded in any action against an enemy of the United States.

3.  The injury that the applicant incurred on 9 March 1991 in the form of a baboon bite does not meet the criteria contained in Army Regulation 600-8-22 for award of the Purple Heart.

4.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5. In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  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.

ABCMR Record of Proceedings (cont)                                         AR20090002701



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ABCMR Record of Proceedings (cont)                                         AR20090002701



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