IN THE CASE OF:
BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130007650
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.
2. The applicant states he applied for the Purple Heart in the fall of 1992 and he has not heard any more about it since his discharge.
3. The applicant provides:
* Department of Veterans Affairs letter, dated 7 February 1994
* DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 28 October 1992
* DD Form 214, dated 1 February 1968
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. With prior enlisted service in the Army of the United States, the applicant enlisted in the Regular Army on 26 May 1981. He arrived in Saudi Arabia on 16 December 1990. He departed Saudi Arabia en-route to the United States on 20 April 1991.
3. After completing 11 years, 5 months, and 3 days of net active service this period, he was honorably retired by reason of physical disability (temporary) on 28 October 1992.
4. A review of the applicant's Army Military Human Resource Records (AMHRR) fails to show the applicant was wounded/injured as a result of hostile action by enemy forces while he was in the Army. Further review of his AMHRR fails to reveal any evidence showing that he applied for or was ever recommended for award of the Purple Heart.
5. United States Total Army Personnel Command (PERSCOM) Message, date time group 171226Z January 1991, Subject: Delegation of Wartime Award Approval Authority provided special guidance for Operation Desert Storm. It stated, "Division commanders in the grade of major general who had troops committed to the combat operation and hospital commanders receiving casualties could award the Purple Heart to Soldiers who were wounded as the direct result, repeat, direct result of enemy action."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. There is no evidence in the available record, nor has the applicant submitted any evidence, showing he was wounded as a direct result of enemy action.
3. In view of the foregoing, the applicant's 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 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) AR20130007650
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130007650
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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