IN THE CASE OF:
BOARD DATE: 12 July 2011
DOCKET NUMBER: AR20100030367
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 reconsideration of his earlier petition to be awarded the Purple Heart (PH).
2. The applicant states it is his understanding the PH was previously denied by the Board based on the lack of evidence. He indicates that based on the new evidence he provides the scales of justice should tilt in his favor.
3. The applicant provides a Congressional Inquiry packet with accompanying documents, included German medical treatment documents, in support of his application.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100011672 on 28 September 2010.
2. During the original review of the case, the Board found no evidence of record or independent evidence provided by the applicant that showed he was ever wounded as a result of enemy action.
3. The applicant now provides a statement and German medical documents that indicate he was injured in a fight in a local bar/restaurant while stationed in Germany in 1987 and was treated by Germany medical personnel for the injuries he sustained during this fight.
4. The applicant's record shows he served on active duty in the Regular Army from 16 July 1984 through 15 May 1987. It further shows that during his tenure on active duty he served overseas in Germany for 1 year, 7 months, and 4 days. His record is void of any indication that he ever served in a combat zone or that he was ever wounded as a result of enemy action.
5. Army Regulation 600-8-22 (Military Awards) provides the Army's 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 the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of the medical treatment must have been made a matter of official record. There are no regulatory provisions allowing for award of the PH based on non-combat related wounds/injuries.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be awarded the PH has again been carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, the PH is authorized for combat-related wounds received as a result of enemy action. The applicant's record is void of any indication he ever served in a combat zone or that he was ever wounded as a result of enemy action. By his own admission he is seeking award of the PH based on non-combat related injuries he sustained during a fight in Germany in 1987. Therefore, absent any evidence indicating he ever sustained a wound or injury as a result of enemy action in a combat zone, there is an insufficient evidentiary basis to support granting the requested relief.
3. 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 failed to submit evidence that would satisfy this requirement or support amendment of the original Board decision in this case.
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 to amend the decision of the ABCMR set forth in Docket Number AR20100011672, dated 28 September 2010.
_______ _ 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) AR20100030367
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