BOARD DATE:	  23 October 2012

		DOCKET NUMBER:  AR20120006868 


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 restoration of his award of the Purple Heart (PH) and damages for lost income.

2.  The applicant states he had a PH for more than 2 years until it was revoked by the U.S. Army Human Resources Command (HRC).  He claims he hurt his knee in Afghanistan on 3 September 2007 and was awarded the PH on 15 October 2009.  He claims he is currently serving in the Kentucky Army National Guard (ARNG) and is being told he will be undergoing a medical evaluation board to be retired.

3.  In an accompanying letter to the Board, the applicant indicates he received a letter of reprimand from the Kentucky ARNG which he believes was to bolster the HRC Awards and Decorations Branch Chief's claim being so weak.

4.  The applicant provides the 10 attachments identified in the list of evidence he submits with his application in support of his request.

CONSIDERATION OF EVIDENCE:

1.  After prior enlisted service in the ARNG from 17 November 1988 to 22 July 1992, the applicant was appointed as a second lieutenant in the U.S. Army Reserve and in the Virginia ARNG on 22 July 1992.

2.  On 2 January 2007, the applicant was ordered to active duty in support of Operation Enduring Freedom and served in Afghanistan from 11 April 2007 to 31 March 2008.  He was released from active duty on 26 May 2008 after completing 1 year, 4 months, and 25 days of active duty service.

3.  The PH was not included in the list of awards shown on the DD Form 214 he was issued on 26 May 2008.  It was added to this DD Form 214 by a DD Form 215 (Correction to DD Form 214) issued by the ARNG on 14 December 2009.  It was later deleted from the DD Form 214 by a DD Form 215 issued by HRC on 31 January 2012.

4.  On 4 February 2012, the applicant was assigned to an information systems officer position with the Kentucky ARNG Element Joint Force Headquarters effective 4 February 2012.  There is no information or documents in his records indicating he suffers from a disabling physical condition that will prevent further service or that shows he has been denied assignments or service specifically as a result of the PH matter.

5.  The record is void of any documents related to award of and deletion of the PH.  The last officer evaluation report on file for the period 26 July 2010 through 25 July 2011 shows the applicant was rated as a "satisfactory performer/promote" by his rater and as "best qualified" by his senior rater.

6.  The applicant provides a response to a Member of Congress from the Chief, Awards and Decorations Board, HRC, dated 7 May 2012, in which the Member of Congress was informed that the applicant's PH orders were revoked because they were invalid.  It explained that the PH request should have been processed through proper military channels to HRC.  It further indicated the applicant was not entitled to the PH because his injuries were accidental and the PH is not authorized for injuries accidentally incurred or because of one's own negligence during combat or combat operations.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  Paragraph 2-8 contains guidance for the PH and states the PH is not authorized  for accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.  It further stipulates that any member of the U.S. Army who believes he or she is eligible for the PH, but through unusual circumstances no award was made, may submit an application through military channels to the Commander, HRC, ATTN:  AHRC-PDO-PA, 1600 Spearhead Division Avenue, Fort Knox, KY  40122-5402.  The application will include complete documentation pertaining to the wound, to include evidence of medical treatment.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for restoration of his award of the PH has been carefully considered.  However, there is insufficient evidence to support his claim.  By regulation, any member who believes he or she is eligible for the PH but no award was made by the chain of command at the time of wounding should submit an application through military channels to HRC.

2.  In this case, the applicant was awarded the PH 2 years after the fact by a chain of command other than the one the applicant was assigned to at the time of his accident.  As a result, he was required to apply for the award through channels to HRC where the proper officials concluded the applicant was not eligible for the award because his injury was accidentally sustained.  Absent any evidence of error or injustice in the HRC process, the evidence submitted by the applicant is not sufficiently compelling to support overturning the HRC decision.

3.  Further, the applicant failed to provide sufficient evidence that indicates he was improperly denied assignments or positions in the ARNG and suffered a loss of income as a result.  In spite of the applicant's assertions, it appears he remains serving in the ARNG in good standing and has not been penalized for the improper award of the PH.  There is also no evidence of record related to his comments that he is being processed through medical channels for retirement.  As a result, given the absence of any evidence of record corroborating his assertions, there is an insufficient evidentiary basis to support granting the 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 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)                                         AR20120006868



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ABCMR Record of Proceedings (cont)                                         AR20120006868



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