IN THE CASE OF:	  

		BOARD DATE:	    8 March 2012

		DOCKET NUMBER:  AR20110017338 


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, in effect, award of the Purple Heart and a promotion to sergeant/E-5.

2.  The applicant states, in effect:

	a.  in February 1991 a rocket/grenade exploded close to him in Southwest Asia and injured his face and eyes.  He passed out for about 30 minutes.  He was told he was going to be promoted and awarded the Purple Heart for his actions but his orders and records were lost.

	b.  he became impaired with several medical conditions (eye problems, stomach problems, tinnitus, undiagnosed musculoskeletal system clavicula or scapula condition, impairment of his right and left shoulders with arthritis, right knee condition with arthritis, and skin rash) due to his injuries suffered in the military.

	c.  he needs the Department of Veterans Affairs (VA) to recognize these injuries as service-connected disabilities. 

3.  The applicant provides:

* Medical evaluation, dated 27 September 2010
* DD Form 214 (Certificate of Release or Discharge from Active Duty)


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 enlisted in the Regular Army on 18 October 1988 for a period of 4 years.  He completed his training and was awarded military occupational specialty 13B (cannon crewmember).  He attained the rank of specialist.  He served in Southwest Asia from 26 September 1990 to 26 March 1991.  

3.  His DA Form 2A (Personnel Qualification Record, Part 1), prepared on 
3 August 1992, shows his physical profile as 111111.

4.  On 16 October 1992, he was released from active duty and transferred to the U.S. Army Reserve (USAR) (Reinforcement) to complete his service obligation. 

5.  Item 4a (Grade, Rate or Rank) of his DD Form 214 shows the entry "SPC" [specialist].  Item 4b (Pay Grade) shows the entry "E-4."  His DD Form 214 does not show the Purple Heart in the awards section.

6.  There are no orders for the Purple Heart in the available records.

7.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show entitlement to the Purple Heart.

8.  Item 18 (Appointments and Reductions) of his DA Form 2-1 shows he was promoted to specialist effective 1 April 1990.

9.  There are no orders showing he was promoted to sergeant in the available records.

10.  His discharge orders from the USAR, dated 22 October 1996, show his rank as specialist.

11.  He provides a medical evaluation, dated 27 September 2010, which states he is being treated for:

* Anxiety disorder (Post Traumatic Stress Disorder)
* Digestive system (coexisting abdominal condition)
* Loss of eyesight (damage to his left eye)
* Tinnitus – bilateral hearing loss (progressive hearing loss)
* Mesial temporal sclerosis
* Skin disorder (seborreica dermatitis, warts)

12.  Army Regulation 600-8-22 (Military Awards) states that the Purple Heart is awarded for a wound sustained 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 military personnel, and the medical treatment must have been made a matter of official record.  

13.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) states a Soldier must be recommended for promotion and appear before a promotion board for promotion to sergeant.

DISCUSSION AND CONCLUSIONS:

1.  He contends a rocket/grenade injured his face and eyes in Southwest Asia in February 1991.  

2.  Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards.  The Purple Heart requires:

* a wound was the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records
* official orders awarding the decoration

3.  There are no orders for the Purple Heart in the available records.  There is no evidence of record and the applicant did not provide any evidence that shows he was wounded or injured as a result of hostile action in Southwest Asia.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.




4.  He contends he was told he would be promoted to sergeant for his actions.  However, there are no promotion orders in his records and he did not provide any evidence showing he was promoted to sergeant prior to his separation.  In addition, there is no evidence which shows he was recommended for promotion or appeared before a promotion board for promotion to sergeant.  Therefore, there is insufficient evidence on which to grant his request for a promotion.

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)                                         AR20110017338



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ABCMR Record of Proceedings (cont)                                         AR20110017338



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