IN THE CASE OF
BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20130021091
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 award of the Purple Heart.
2. He states on 19 April 1995, the Oklahoma City Federal Building was bombed by terrorist combatants. He was assigned to the U.S. Army Recruiting Battalion located in that building and as a result of that hostile act he sustained numerous wounds and injuries.
3. He provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders 281-0080, dated 7 October 1996
* Orders 268-0076, dated 24 September 1996
* medical evaluation board (MEB) and physical evaluation board (PEB) proceedings with medical documents
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 4 June 1981. He served through multiple reenlistments in a variety of assignments and he attained the rank/grade of sergeant (SGT)/E-5.
3. On 23 July 1996, an MEB was convened and recommended that the applicant be referred to a PEB for Status Post-Multi-Trauma sustained in the Oklahoma City Bombing on 19 April 1995.
4. The applicant provided numerous medical documents that verify he sustained wounds on 19 April 1995 as a result of the Oklahoma City Bombing.
5. On 21 August 1996, a PEB was convened and found the applicant was physically unfit and recommended permanent disability retirement with a disability rating of 90 percent for the following conditions:
* non-functioning dominant (right) upper extremity with complete motor loss of the radial and ulnar nerves and severe decrease in elbow range of motion
* Post-Traumatic Stress Disorder manifested by being a victim in the
A.P. Murray Federal Building bombing
* right hip, bilateral pelvic, and low back pain
6. On 27 October 1996, he was honorably retired due to permanent disability.
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. Examples of enemy-related injuries that clearly justify award of the Purple Heart are:
* injury caused by enemy bullet, shrapnel, or other projectile created by enemy action
* injury caused by enemy placed mine or trap
* injury caused by enemy released chemical, biological, or nuclear agent
* injury caused by vehicle or aircraft accident resulting from enemy fire
* concussion injuries caused as a result of enemy generated explosions
DISCUSSION AND CONCLUSIONS:
1. The available documentation does not support the applicant's request for award of the Purple Heart.
2. The fact that the applicant sustained wounds on 19 April 1995 as a result of the Oklahoma City Bombing, is unfortunate. However, the bombing was a criminal act. The perpetrator was tried, convicted, and sentenced to death in criminal court of law. Unless the law changes in the near future, the award of the Purple Heart is not authorized for this event.
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) AR20130021091
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130021091
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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