BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120012326
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 that he be issued a Purple Heart and that his records be corrected to show that he served in two combat tours.
2. The applicant states, in effect, the ravages of war have left his toes disfigured and he is overwhelmed and scared due to watching friends killed by explosions. He is also experiencing back problems and nightmares and he cannot sleep. He goes on to state that he served and he has to fight for the proper corrections to his Desert Storm records. He also states that 365 days equals one complete tour and he served more than 365 days; therefore, he should be credited with an additional tour.
3. The applicant provides a two-page letter explaining his application and a copy of his 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 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 enlisted in the Regular Army on 9 May 1989. He completed basic training at Fort Dix, New Jersey and advanced individual training as a cargo handler at Fort Story, Virginia and he was transferred to Fort Eustis, Virginia for his first assignment.
3. He deployed to Saudi Arabia in support of Operation Desert Shield/Storm during the period 19900811 19910811 (1 year) and to Somalia during the period 19921230 - 19930111 (13 days).
4. On 7 March 1996, he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c(2), due to misconduct with an under other than honorable conditions characterization of service. He had served 6 years,
9 months, and 29 days of active service and he was awarded the Army Good Conduct Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Joint Meritorious Unit Award, Army Service Ribbon, Southwest Asia (SWA) Service Medal with 3 bronze service stars, Kuwait Liberation Medal, and Expert Marksmanship Qualification Badge with Rifle and Grenade Bars. His
DD Form 214 also shows in block 12f that he served 1 year and 13 days of foreign service and in block 18 (Remarks) that he served in SWA 19900811 19910811 and in Somalia 19921230 19930111.
5. On 14 March 1997, the Army Discharge Review Board upgraded his discharge under other than honorable conditions to a general discharge.
6. A review of the available records failed to show any evidence of the applicant being wounded or injured as a result of enemy action or treatment for such wounds being made a matter of record.
7. Army Regulation 600-8-22 (Military Awards) states 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.
8. Army Regulation 614-30 (Overseas Service), provides, in pertinent part, that overseas tour credit will be granted for completion of at least 5/6 of a tour which is 10 months of a 1-year tour.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be awarded the Purple Heart has been noted and appears to lack merit because the evidence submitted with his application and the available evidence of record fails to show he was injured as a result of enemy action and that treatment was made a matter of record. Therefore, there appears to be no basis to grant his request for award of the Purple Heart.
2. The applicants contention that he should be credited with two overseas tours has also been noted and appears to lack merit. While the applicant did deploy twice, once to Saudi Arabia and once to Somalia, for a total of 1 year and
13 days, those deployments are properly reflected on his DD Form 214 in the foreign service and in the remarks sections.
3. Therefore, the applicants contention that he served more than 365 days and therefore his record should be corrected to show completion of two tours appears to have no merit. The applicable regulation provides that a minimum of 5/6 of a tour must be completed in order to be granted tour completion.
4. Accordingly, there appears to be no basis to grant his request.
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) AR20120012326
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ABCMR Record of Proceedings (cont) AR20120012326
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