IN THE CASE OF:
BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110005429
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 military records to show award of the Purple Heart.
2. The applicant states he received combat pay for 8 December 1994 and that some 200 men were wounded on that day in 20 minutes of combat action. This was a very bad day for the applicant.
3. The applicant provides no additional documentation.
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's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows:
a. he enlisted in the Regular Army on 12 April 1994;
b. he was awarded military occupational specialty 11C1P indicating he was an indirect fire infantryman with parachutist qualification;
c. he served overseas [location(s) not specified] for 1 year, 11 months, and 21 days;
d. he was awarded the Southwest Asia Service Medal (SWASM) with three bronze service stars and the Kuwait Liberation Medal issued by the government of Kuwait (KLM-K); and
e. he was discharged from active duty on 25 March 1998.
3. The applicant's service medical records are not available for review.
4. Army Regulation 600-8-22 (Military Awards):
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 SWASM is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns are:
* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show award of the Purple Heart because he received combat pay for his service in Southwest Asia.
2. The applicant's award of the SWASM with three bronze service stars indicates that the applicant served in Southwest Asia and participated in three combat campaigns.
3. The applicant's argument implies that he was wounded in action along with approximately 200 other Soldiers; however, he does not provide any supporting documentation of this event. Furthermore, he does not describe what wounds he received or what medical treatment was rendered.
4. There are no available orders awarding the applicant the Purple Heart. There are no available medical records or other documentation showing that he was wounded while in action against an armed enemy or that any such wound received medical treatment.
5. In view of the above, the applicant's request should be denied.
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) AR20110005429
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ABCMR Record of Proceedings (cont) AR20110005429
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