IN THE CASE OF:	  

		BOARD DATE:	  27 January 2011

		DOCKET NUMBER:  AR20100020196 


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 (PH). 

2.  The applicant states he was injured while serving in Saudi Arabia and he should be awarded the PH.

3.  The applicant refers to medical documents he is providing which confirm treatment for a colitis condition.  He claims this condition was the result of unsanitary conditions in Saudi Arabia and he believes that he is eligible to be considered for the PH.  

4.  The applicant provides the following documents in support of his application:

* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
* VA Form 21-3101 (Request for Information)
* DA Form 3647 (Inpatient Treatment Records Cover Sheet)
* Standard Form (SF) 513 (Medical Record-Consultation Sheet)
* DA Form 5181-R (Screening Note of Acute Medical Care)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 30 August 1989, and he was trained in and awarded military occupational specialty (MOS) 62B (Construction Equipment Repairer).  His record shows he was promoted to specialist (SPC)/E-4 on 1 July 1991, and this is the highest rank he attained while serving on active duty.  

3.  The applicant’s record confirms he was deployed in support of the Gulf War and served in the theater from 1 August 1990 through 15 January 1991.  It also shows that during his active duty tenure, he earned the following awards:

* National Defense Service Medal
* Army Good Conduct Medal
* Army Service Ribbon
* Air Assault Badge
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button

4.  The applicant’s Official Military Personnel File (OMPF) is void of any orders or other documents that indicate he was ever recommended for or awarded the PH while serving on active duty.  It is also void of any medical treatment records indicating he was treated for a wound he received as a result of enemy action.  

5.  The applicant provides a DA Form 3647 and an SF 513, both dated in January 1991, which show he was treated for a diagnosed condition of post pilonidal sinus excision in January 1991.  He also provides a DA Form 5181-R, dated 6 November 1991, that shows he was treated for and had a cyst removed.  In addition, he provides a VA Form 21-3101 and VA Form 21- 4138 that refer to a colitis condition the applicant claims he was treated for at the 47th Field Hospital in December 1991.  


6.  Army Regulation 600-8-22 (Military Awards) provides the Army’s awards policy.  Paragraph 2-8 contains guidance on award of the PH.  It states in order to support award of the PH there must be evidence confirming the wound for which the awards is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of this treatment must have made a matter of official record.  Paragraph 2-8h provides examples of injuries or wounds which clearly do not justify award of the PH.  Included in these examples is “disease not directly caused by enemy agents.” 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the PH for a non-battle related illness he was treated for while serving in Saudi Arabia has been carefully considered.  However, by regulation, in order to support award of the PH there must be evidence that the wound or injury for which the award is being made was received as a result of enemy action.  Award of the PH for illnesses or disease not directly caused by enemy agents is not authorized.  

2.  The evidence of record fails to show the applicant’s sinus or colitis conditions were received as a direct result of an enemy agent.  Further, there is no evidence indicating the applicant was ever recommended for or awarded the PH by proper authority while serving on active duty; or that he was ever treated for a combat related wound or injury while deployed in support of the Gulf War.  Therefore, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.  

3.  The applicant and all others concerned should know this action related to award of the PH 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.  

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.



      ____________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)                                         AR20100020196



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ABCMR Record of Proceedings (cont)                                         AR20100020196



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