IN THE CASE OF:	  

		BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100025863 


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, Air Medal, and combat related special compensation (CRSC).

2.  The applicant states he was attacked by terrorists in Saudi Arabia who wanted his rifle and military vehicle for terrorist activities.  He was overmedicated by Army doctors and has flashbacks from service caused and/or aggravated post traumatic stress disorder (PTSD). 

3.  The applicant provides copies of his two DD Forms 214 (Certificate of Release or Discharge from Active Duty) and a noncommissioned officer (NCO) evaluation report. 

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 served on active duty from December 1975 to August 1979 and from August 1979 to March 1994 when he was separated as a sergeant first class (E-7) due to voluntary early retirement.

3.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record-Part II) lists the Army Commendation Medal (4th Award), NCO Professional Development Ribbon with numeral "3," Army Service Ribbon, Overseas Service Ribbon with numeral "2," Army Achievement Medal, Army Good Conduct Medal (4th Award), Parachutist Badge, Army Recruiting Badge, Bronze Star Medal, National Defense Service Medal with one bronze service star, Southwest Asia Service Medal with two bronze service stars, Aircraft Crewmember Badge, Defense of Saudi Arabia, Liberation of Kuwait , Career Counselor Badge, and Expert Marksmanship Qualification Badge with Machine Gun, Pistol and Rifle Bars. 

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his March 1994 DD Form 214 lists his awards as the Army Commendation Medal with 3rd Oak Leaf Cluster, NCO Professional Development Ribbon with numeral "3," Army Service Ribbon, Overseas Service Ribbon with numeral "2," Army Achievement Medal, Army Good Conduct Medal (6th Award), Parachutist Badge, Army Recruiting Badge, Bronze Star Medal, National Defense Service Medal with one bronze service star, Southwest Asia Service Medal with two bronze service stars, Senior Aircraft Crewmember Badge, Kuwait Liberation Medal-Saudi Arabia, and the Career Counselor Badge.

5.  The applicant's medical records are not available.

6.  There is no available evidence that the applicant was wounded in action; qualified for, awarded or recommended for the Air Medal; or that he was qualified for or entitled to CRSC.

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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 that 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.

	b.  The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  Title 10, U.S. Code, section 1413a, provides for CRSC.  It states, in pertinent part, that eligible members are those retirees who have 20 years of service for retired pay computation and who have disabilities that are the direct result of armed conflict, specially hazardous military duty, training exercises that simulate war, or cause by an instrumentality of war.  Such disabilities must be compensated by the Department of Veterans Affairs and rated at least 10% disabling.  For periods before 1 January 2004, members had to have disabilities for which they were awarded the Purple Heart and are rated at least 10% disabled or who are rated at least 60% disabled as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or cause by an instrumentality of war.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was attacked by terrorists in Saudi Arabia who wanted his rifle and military vehicle for terrorist activities.  He was overmedicated by Army doctors and has flashbacks from service caused and/or aggravated PTSD.

2.  Unfortunately, there is no available evidence that the applicant was awarded the Purple Heart or awarded or recommended for award of the Air Medal, that he was wounded in action or as the result of enemy activity, or that he has any medical condition that qualifies for CRSC.

3.  In view of the foregoing there is no basis for granting the applicant's requested relief.

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)                                         AR20100025863





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ABCMR Record of Proceedings (cont)                                         AR20100025863



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