IN THE CASE OF:
BOARD DATE: 10 February 2011
DOCKET NUMBER: AR20100020327
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 that he be awarded the Purple Heart.
2. The applicant states that he should be awarded the Purple Heart for eye damage he received in country while serving in Iraq/Kuwait in March 1991.
3. The applicant provides six pages of medical records and a copy of his 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 12 June 1990 for a period of 6 years, training as a metal worker and assignment to Europe. He completed his basic training at Fort Dix, New Jersey and his advanced individual training at Aberdeen Proving Ground, Maryland before being transferred to Germany on 28 November 1990.
3. He deployed to Saudi Arabia on 24 December 1990 and in March 1991 he was treated for a corneal ulcer to the left eye. He departed the Southwest Asia theater on 30 June 1991 and then returned to Germany, where he remained until 21 November 1992 when he was transferred to Fort Hood, Texas.
4. On 4 May 1993 he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-13, due to a personality disorder. He had served 2 year, 10 months and 23 days of total active service.
5. He was awarded the Army Commendation Medal, the Army Achievement Medal with one oak leaf cluster, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Southwest Asia Service Medal, and the Kuwait Liberation Medal.
6. A review of his records failed to show that he was wounded or injured as a result of enemy action.
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 the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he should have been awarded the Purple Heart is not in doubt, there simply is no evidence in the available records to show that he was treated for wounds or injuries that were the result of enemy action. Therefore, in the absence of such evidence there is no basis to award him the Purple Heart at this time.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
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 to know the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. 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) AR20100020327
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