IN THE CASE OF:
BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130018013
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 earlier request for award of the Purple Heart.
2. The applicant states he was wounded during a combat operation but did not receive a Purple Heart.
3. The applicant provides:
* Joint Task Force South Operation Just Cause Certificate
* Department of Veterans Affairs (VA) Rating Decision, dated 30 October 2006
* page 2 of a Patient Inquiry, dated 27 October 2011
* page 7 of VA Form Letter 1-25A (Statement of the Case)
* leave and earnings statement covering the period 1-31 January 1990
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120017759 on 30 April 2013.
2. The applicant provided medical and service documents that were not previously considered by the Board and warrant consideration at this time.
3. After having had prior service, the applicant enlisted in the Regular Army on 25 September 1987.
4. His DA Form 2-1 (Personnel Qualification Record Part II) shows in:
a. item 9 (Awards, Decorations, and Campaigns), no entry for the Purple Heart; and
b. item 27 (Remarks), duty in imminent danger area (Panama) from 20 December 1989 to 21 January 1990.
5. On 24 June 1992, he was honorably released from active duty after completing a total of 5 years, 3 months, and 24 days of active duty service. His DD Form 214 does not show award of the Purple Heart.
6. The applicant provided the following documents in support of his request for reconsideration:
a. his Joint Task Force South Operation Just Cause Certificate showing he participated in the defense and stabilization of the Republic of Panama from 20 December 1989 to 20 January 1990;
b. his VA Rating Decision, dated 30 October 2006, wherein he highlighted the entry: "FRACTURE DISTAL SHAFT OF FOURTH FINGER, LEFT HAND Service Connected, Peacetime, Incurred 0% from 06/25/1992 [25 June 1992]";
c. page 2 of his Patient Inquiry form, dated 27 October 2011, wherein he highlighted the entry "LOSS OF MOTION RING OR LITTLE FINGER (0%-SC [service connected])" under Rated Disabilities; and
d. page 7 of his VA Form Letter 1-25A wherein he highlighted subparagraph (d) which defines combat service connection as "Satisfactory lay or other evidence that an injury or disease was incurred or aggravated in combat will be accepted as sufficient proof of service connection if the evidence is consistent with the circumstances, conditions or hardships of such service even though there is no official record of such incurrence or aggravation."
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the Purple Heart has been carefully considered; however, there is still insufficient evidence to support this request.
2. Award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of enemy action, the injury/wound must have required medical treatment by medical personnel at the time of the injury, and this medical treatment must have been made a matter of official record.
3. The evidence submitted by the applicant clearly states his injury, while service connected, occurred during peacetime. There is no corroborating evidence in his service personnel records showing he was wounded or injured as a result of hostile action.
4. In view of the foregoing, there is an insufficient evidentiary 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120017759 on 30 April 2013.
_______ _ 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) AR20130018013
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ABCMR Record of Proceedings (cont) AR20130018013
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