BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100022885 


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 award of the Purple Heart and the Army Good Conduct Medal (AGCM).

2.  He states he sustained a gunshot wound to his right calf from an enemy sniper while serving in support of Operation Urgent Fury in Grenada.

3.  He provides the following:

* DD Form 214
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* DA Form 2-1 (Personnel Qualification Record)
* DD Form 257A (General Discharge Certificate)
* extracts from medical and dental records

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 military records show he enlisted in the Regular Army on 28 June 1982.  He was discharged on 7 June 1984 with a character of service of under honorable conditions under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 13, for unsatisfactory performance.  He completed 1 year, 11 months, and 10 days of active service.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the Purple Heart or the AGCM.

4.  Extracts from his medical records show he was treated for a gunshot wound through his right calf on 1 November 1983.  The wound was dressed and splinted.  The cause of injury was listed as "sniper fire."  On 9 November 1983, the open wound was scrubbed and a tension-relieving stitch was used to close the wound.

5.  A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 14 December 1983, contained in his records indicates in item 15 (Detail of Accident or History of Disease) that he sustained a gunshot wound in his right calf at approximately 1930 hours on 1 November 1983 while under enemy fire in Grenada.  However, item 30 (Detail of Accident – Remarks) states the applicant "was wounded in the leg while on the Island of Grenada.  The injury was sustained accidentally.  There is no indication of malice or foul play or neglect.  The injury is considered to have happened in the line of duty."

6.  His records also contain a chapter 13 packet, dated 21 May 1984, in which his company commander recommended that he be separated from the service for unsatisfactory performance.  The commander said the applicant demonstrated on a daily basis that he could not conform to military regimentation and displayed an adamantly apathetic attitude towards his duty responsibility.  He further stated the applicant had been counseled on several occasions for his duty performance and personal affairs and had received two summarized Article 15's for his performance.

7.  Army Regulation 600-8-22 (Military Awards) states 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 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 also provides for award of the Purple Heart to individuals wounded or killed as a result of "friendly fire" in the "heat of battle" as long as the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

8.  Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Individuals whose retention is not warranted are not eligible for award of the AGCM.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.

DISCUSSION AND CONCLUSIONS:

1.  There appears to be inconsistencies in the details of the incident that occurred on 1 November 1983 which caused the applicant's wounding.  Item 15 of his DA Form 2173 indicates he was wounded while under enemy fire.  However, item 30 of the same form indicates the wounding was accidental and without malice, foul play, or neglect.  Item 30 is based on the commander's investigation of the situation and item 15 is information provided to the attending physician by the applicant.  Therefore, in the absence of medical documentation or other corroborating evidence that shows his wounding was a result of hostile action, there is an insufficient basis for correcting his records to show award of the Purple Heart.

2.  The evidence of record shows he was discharged under the provisions of chapter 13 for unsatisfactory performance.  As justification for the separation, the commander stated the applicant had been counseled on several occasions for his duty performance and personal affairs and had received two summarized Article 15's for his performance.  The chapter 13 discharge serves as a disqualification factor for award of the AGCM.


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 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)                                         AR20100022885



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ABCMR Record of Proceedings (cont)                                         AR20100022885



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