BOARD DATE: 8 May 2014
DOCKET NUMBER: AR20130015728
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his award of the Purple Heart.
2. The applicant states he was awarded the Purple Heart on 5 February 1990 for injuries sustained in Operation Just Cause. General Cxxx Vxxxx presented him this award along with a letter of appreciation. This award is not listed on his DD Form 214. He was issued a DD Form 215 (Correction to DD Form 214) on 24 February 1993; however, the Purple Heart is not listed on this document either.
3. The applicant provides a copy of a letter from General Cxxx Vxxxx.
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 16 February 1989 and he held military occupational specialty 13F (fire support specialist).
3. Item 27 (Remarks) of his DA Form 2-1 (Personnel Qualification Record-Part II) contains the entry, "Duty in Imminent danger pay area (Panama) from 20 to 22 December 1989."
4. He provided a copy of a letter, dated 5 February 1990, wherein he was advised of award of the Purple Heart as a participant in Operation Just Cause.
5. He also served in Saudi Arabia from 20 August 1990 to 2 April 1991.
6. His medical record does not show he was injured or wounded as a result of enemy action in Panama and contains the following:
* Standard Form (SF) 600 (Health Record Chronological Record of Medical Care), dated 21 January 1991, which shows he injured his right thumb while playing volleyball and received treatment for pain and swelling
* SF 600, dated 15 January 1992, wherein he stated he sustained an injury to his right thumb during his Desert Shield/Desert Storm deployment
* SF 93 (Report of Medical History), dated 15 January 1992, wherein he stated was in good health and indicated he sustained a fracture to his right thumb
* SF 88 (Report of Medical Examination), dated 15 January 1992, which is void of any evidence he was injured or wounded as a result of enemy action during his period of active duty and he was found qualified
7. He was discharged in pay grade E-1 on 18 February 1992 with a general discharge. His DD Form 214 lists the:
* Army Service Ribbon
* National Defense Service Medal
* Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* Southwest Asia Service Medal with two bronze service stars
* Armed Forces Expeditionary Medal (Panama)
8. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 does not list the Purple Heart.
9. There are no orders in his records authorizing or awarding him the Purple Heart.
10. On 24 February 1993, a DD Form 215 was issued adding the Kuwait Liberation Medal to his DD Form 214.
11. Army Regulation 600-8-22 (Military Award) states the Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under component authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may hereafter die after being wounded in any action against an enemy of the United States, in any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. The letter, dated 5 February 1990, he provided was carefully considered. However, the document does not specifically identify how or when or whether he was wounded or injured as a direct result of or caused by enemy action. The available records contain no orders or other documents confirming the injuries he received were caused by participation in direct or indirect combat operations in Panama or Saudi Arabia for award of the Purple Heart. The regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.
3. In view of the foregoing, there is an insufficient basis for granting his request for correction of his DD Form 214 to show award of the Purple Heart.
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) AR20130015728
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ABCMR Record of Proceedings (cont) AR20130015728
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