IN THE CASE OF:	  

		BOARD DATE:	  6 June 2013

		DOCKET NUMBER:  AR20120019871 


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 reconsideration of his request for award of the Purple Heart.

2.  The applicant states:

	a.  He received his Record of Proceedings denying his earlier request for award of the Purple Heart.  He is including a more descriptive explanation of the events surrounding his disability and the merit behind it.  He has also been placed in an off-duty status since his attack.  He has never been discharged or spoken to about a discharge.

	b.  After advising his unit of his broken neck and other injuries he was told to follow his doctor's orders and return once he was released.  He joined the military in 1993 and he very much wanted to serve for 20 plus years in the world's greatest Army.  He was to attend drill the weekend he was hurt by a patient at the Department of Health Services facility.  This person was an immigrant from Cuba who had an active Tuberculosis diagnosis.

   c.  His neck was broken in four places and his ribs and back were hurt through this as well.  He has had vertebras removed and bones transplanted from his hip to the vertebras in his back.  His surgeries have had some negative consequences and he wakes up every day in severe pain with limitations.  There was merit in his heart trying to protect those around him.  This Cuban man 

disliked the fact he was a Soldier.  The fact that his military career was halted may very well meet the qualifications for the Purple Heart.

3.  The applicant provides:

* DWC Form 73 (Texas Workers' Compensation Work Status Report)
* 2008 medical summary
* Reevaluation by Attending Physician
* Form VTR-214 (Application for Persons with Disabilities Parking Placecard and/or License Plate)

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110005950, on 29 September 2011.

2.  The applicant submits a copy of a DWC Form 73, 2008 medical summary, Reevaluation of Attending Physician, and Form VTR-214.  These documents are new evidence that warrants consideration by the Board.

3.  The applicant enlisted in the Texas Army National Guard (TXARNG) on 24 February 1995 for a period of 8 years.  He entered active duty for training (ADT) on 27 March 1995.  He completed training and he was awarded military occupational specialty 75B (Personnel Administrative Specialist).  

4.  On 5 August 1995, he was honorably released from ADT at the completion of required active service and he was transferred to the Adjutant General of the state of Texas to complete his remaining service obligation.  He completed
4 months and 9 days of net active service this period.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time lists the:

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar

5.  The documents he provided indicate he was injured on 17 May 1998 while employed at the Terrell State Hospital and he received treatment.  The documents also show he received treatment in 2008 for neck and c-spine pain; he was reevaluated in 2004 and 2005; and in 2011 he applied for a disabled person license plate.

6.  On 23 February 2001, he was honorably released from the TXARNG at the expiration of his service obligation and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 6 years of net service this period.  The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) he was issued at the time lists the:

* Army Service Ribbon
* Army Commendation Medal
* Texas Federal Service Medal

7.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart was awarded for an injury or 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and the evidence submitted were carefully considered.  However, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

2.  The regulation governing award of the Purple Heart specifically states that in order to support award of the Purple Heart, there must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record.

3.  The evidence of record does not show the injuries the applicant sustained in May 1998 were a direct result of or caused by enemy action.  His record contains no orders or other sufficient documents confirming the injuries he received were caused by participation in direct or indirect combat operations while serving in the TXARNG.  As he describes, his injury was caused by an individual while he was working at a Department of Health Services facility.

4.  In view of the foregoing, there is no basis for granting the applicant's 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110005950, dated 29 September 2011.



      _______ _   _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)                                         AR20120019871



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120019871



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1