IN THE CASE OF:
BOARD DATE: 19 June 2014
DOCKET NUMBER: AR20130019053
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 award of the Purple Heart.
2. The applicant makes no additional statement.
3. The applicant provides a copy of his DD Form 214 and Revised Physical Evaluation Board (PEB) Proceedings.
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's complete military records are not available for review. This case is being considered using the applicant's DD Form 214.
3. The Gulf War Deployment Roster is a record of Soldiers who participated in Desert Shield/Storm and served in Southwest Asia in support of military operations during the period 2 August 1990 through December 1995. This roster shows the applicant's name as having served in Southwest Asia for the period 10 January to 25 February 1991.
4. The applicant provides a DD Form 214 which shows he was a member of the Army National Guard (ARNG) and he held military occupational specialty 88M (Motor Transport Operator). The applicant entered active duty on 13 March 1991.
5. On 26 November 1991, the applicant was honorably released from active duty. The narrative reason for his separation was physical disability with severance pay.
6. The applicant provides a copy of his Revised PEB Proceedings, dated 24 October 1991, that shows he was diagnosed with left radial sensory neuropathy. He was subsequently discharged with entitlement to separation pay due to disability based on an injury or disease received in the line of duty as the direct result of armed conflict.
7. There is no evidence in the available record and he has not provided any evidence showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.
8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 records.
DISCUSSION AND CONCLUSIONS:
1. In order to support award of the Purple Heart, there must be evidence confirming the wound/injury for which the award is being made was received as a direct result of or was caused by enemy action, the wound/injury must have been treated by medical personnel, and a record of this treatment must have been made a matter of official record.
2. He provides insufficient evidence and there is no evidence of record to show he was wounded or injured as a result of hostile action, not just as a direct result of armed conflict. Therefore, he is not entitled to award of the Purple Heart.
3. In view of the above, his 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) AR20130019053
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ABCMR Record of Proceedings (cont) AR20130019053
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