IN THE CASE OF:
BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110009757
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 to be awarded the Purple Heart for an injury he sustained while serving in Saudi Arabia on 19 March 1991.
2. The applicant states he was admitted to the hospital during Operations Desert Shield/Desert Storm in March 1991.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a continuation page of Orders 3-1 issued by the 778th Maintenance Company, dated 26 September 1990; and a DA Form 2173 (Statement of Medical Examination and Duty Status), dated 21 April 1991.
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. His available records show he was ordered to active duty from the Alabama Army National Guard on 27 September 1990 in support of Operations Desert Shield/Desert Storm.
3. His records contain:
a. A DA Form 2173 shows he was standing by a parked Humvee on 19 March 1991 while serving on active duty in Saudi Arabia when it was hit by a tractor trailer and the hood of the Humvee struck him on the head. At the time of the accident the applicant was assisting in the repair of a disabled vehicle. He sustained a concussion, scalp laceration, three chipped incisors, and left shoulder radiculopathy.
b. A medical evaluation board (MEB) narrative summary states he was "standing aside a parked Hum-V [sic] when the latter was struck by a tractor trailer." He was tossed aside by concussion, but reportedly was not directly struck by the vehicle.
4. On 23 August 1991, he was released from active duty.
5. Orders D40-5 issued by the U.S. Total Army Personnel Command, dated 1 March 1994, discharged the applicant by reason of disability and authorized him severance pay effective 15 March 1994. He received a 10-percent disability rating.
6. There is no evidence in the available record and he has not provided any evidence showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.
7. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 records.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests to be awarded the Purple Heart for an injury he sustained while serving in Saudi Arabia on 19 March 1991.
2. In order to support award of the Purple Heart, there must be evidence confirming the wound/injury for which the award is being made was received as a direct result of or was caused by enemy action, the wound/injury must have been treated by medical personnel, and a record of this treatment must have been made a matter of official record.
3. The applicant was injured on 19 March 1991 while serving in Saudi Arabia and subsequently medically discharged. However, his injury was clearly not the result of enemy action but rather a vehicular accident. He provides no evidence and there is no evidence of record to show he was wounded or injured as a result of hostile action. Therefore, he is not entitled to award of the Purple Heart.
4. In view of the above, his 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 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) AR20110009757
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ABCMR Record of Proceedings (cont) AR20110009757
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