IN THE CASE OF:	  

		BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100009927 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active duty) to show he was awarded the Purple Heart and the Combat Medical Badge.

2.  He contends, in effect, he should have been awarded the Purple Heart and the Combat Medical Badge as a result of actions that occurred while he was serving as a Medical Specialist for Battery B, 2nd Battalion, 1st Field Artillery Regiment during the Gulf War.  He states that while his unit was conducting a fire mission, they began receiving incoming rounds.  As the unit was preparing to relocate, he was walking the line and stopped to tend to a fellow Soldier.  The incoming rounds started getting closer to his position and eventually blew him off a vehicle.  All he remembers is having severe pain in his left shoulder, and he was unable to move it.  He further states that several days passed before he was able to get to the Battalion Aid Station, where he was informed that he had separated his shoulder.  He attests he asked if he should fill out the form for an injury and they told him "no" because he was not wounded.

3.  He states he recently had surgery on his shoulder to correct the damage that was done during the aforementioned incident because it had reached the point where he could no longer work effectively.  He attests he has made several unsuccessful attempts to obtain copies of his unit's morning reports documenting this incident.  He also attests that since he was a private at the time, he did what he was told and he did not pursue the matter any further.  However, when he 

attempted to file a claim through the Department of Veterans Affairs (DVA) for Post Traumatic Stress Disorder, his request was denied because his records do not show any evidence he was in a stressful situation, such as award of either the Purple Heart or the Combat Medical Badge.  He concludes his uncle (a Vietnam-Era Purple Heart recipient) told him to pursue award of the Purple Heart because he was technically wounded in battle.

4.  The applicant provides the name and telephone number of an individual at the DVA office in Chicago, IL.

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 record shows he enlisted in the Regular Army on 22 February 1990.  Upon completion of training, he was awarded military occupational specialty (MOS) 91B (Medical Specialist).  The highest rank/grade he attained while serving on active service was specialist (SPC)/E-4.  He was honorably discharged on 21 February 1994 by reason of completion of required active service.

3.  His record contains a DA Form 2-1 (Personnel Qualification Record) which depicts the following pertinent information:

	a.  Item 5 (Oversea Service) shows he served in Saudi Arabia from 30 December 1990 through 1 May 1991.

	b.  Item 9 (Awards, Decorations, and Campaigns) shows he participated in three campaigns during the Gulf War.

	c.  Item 9 does not show he was awarded either the Purple Heart or the Combat Medical Badge.

	d.  Item 27 (Remarks) shows he served in an imminent danger pay area of Southwest Asia from 30 December 1990 through 1 May 1991.

	e.  Item 35 (Record of Assignments) shows that during his service in Southwest Asia, he was assigned to Headquarters and Headquarters Battery, 2nd Battalion, 1st Field Artillery Regiment.

	f.  Item 35 also shows that upon his return to the continental United States, he was assigned to Headquarters and Headquarters Company, 3rd Battalion,
15th Infantry Regiment based at Fort Stewart, GA for duty as an Ambulance/Aid Driver.

4.  There is no evidence in the available record and he has not provided any evidence showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

5.  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 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 records.

6.  Army Regulation 600-8-22 states the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.

7.  Army Regulation 600-8-22 further states that, effective 16 January 1991, the Combat Medical Badge is also authorized for medical personnel assigned or attached to armor and ground cavalry units of brigade or smaller size who satisfactorily perform medical duties while the unit is engaged in actual ground combat, provided they are personally present and under fire.  Retroactive awards under these criteria are not authorized prior to 16 January 1991.

8.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  Paragraph 2-9 contains guidance on the burden of proof.  It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his record should be corrected to show he was awarded the Purple Heart and the Combat Medical Badge were carefully considered and determined to lack merit.

2.  Evidence shows he deployed to Southwest Asia in support of a contingency mission while assigned to Headquarters and Headquarters Battery, 2nd Battalion, 1st Field Artillery Regiment from 30 December 1990 through 1 May 1991.  However, his record is void of any evidence and he has not provided any evidence showing:

	a.  he sustained a wound while in action against an enemy or as a result of hostile action, that the wound required treatment by medical personnel, and the medical treatment was made a matter of official record.  Therefore, he is not entitled to award of the Purple Heart.

	b.  he was assigned or attached to a medical unit of company or smaller size that was organic to an infantry, armor, or ground cavalry unit of brigade, regimental or smaller size which was engaged in active ground combat with the enemy and that he was personally present and under fire during such ground combat.  Therefore, he is not entitled to award of the Combat Medical Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  __X_____  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  



      _______ _  X_______   ___
               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)                                         AR20100009927



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ABCMR Record of Proceedings (cont)                                         AR20100009927



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