BOARD DATE: 9 September 2014
DOCKET NUMBER: AR20140001106
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:
a. He was wounded during the invasion of Panama on 26 December 1989.
b. While conducting an air assault on an objective, he took fire from a building and he sliced open his groin when he hit the ground.
c. He was told he was submitted for award of the Purple Heart, but his medical records were lost. The Department of Veterans Affairs found his records.
3. The applicant provides:
a. two service medical records, dated 26 and 27 December 1989, showing he was treated for a laceration to his groin. He reported he was running and fell into a hole. There is no evidence his laceration was the result of hostile action. These medical records were previously considered by the Board;
b. orders for award of the Combat Infantryman Badge, Army Commendation Medal, and Army Achievement Medal. These orders were previously considered by the Board; and
c. two certificates of achievement.
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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130004973 on 22 October 2013.
2. The applicant provided a certificate of achievement, dated 22 January 1990, for outstanding performance during the deployment of 7th Infantry Division (Light) elements to Panama in support of Operation Just Cause.
3. He also provided a certificate for participation in the defense and stabilization of the Republic of Panama as a member of Joint Task Force South, U.S. Southern Command, from 20 December 1989 to 20 January 1990.
4. These certificates are new evidence that will be considered by the Board.
5. The applicant enlisted in the Regular Army on 3 March 1980 and trained as a fighting vehicle infantryman. On 31 March 2000, he retired in the rank of sergeant first class.
6. His DD Form 214 does not show the Purple Heart as an authorized award.
7. There are no orders for the Purple Heart in the available records.
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 record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was wounded during the invasion of Panama on 26 December 1989.
2. The medical documentation provided by the applicant does not show his laceration to the groin was the result of hostile action in Panama.
3. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart and all other awards. The Purple Heart requires evidence to verify the wound was the result of hostile action, treatment of the wound by military medical personnel, and documentation of the wound in official records
4. There is no evidence of record and he provides no evidence that shows he was wounded or injured as a result of hostile action in Panama. Regrettably, there is insufficient evidence on which to base awarding him the Purple Heart or adding award of the Purple Heart to his DD Form 214.
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 AR20130004973, dated 22 October 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) AR20140001106
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140001106
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130004973
There are no orders or any other evidence in his military records that show he was recommended for or awarded the Purple Heart or evidence showing he was treated for a an injury which was caused by enemy hostile actions. There are no orders or any other evidence in his military records that show he was recommended for or awarded the Purple Heart. In the absence of such corroborating evidence the documentation provided is insufficient evidence in which to base correcting his DD Form 214 to...
ARMY | BCMR | CY2008 | 20080016565
The applicant states that he was awarded the Purple Heart for injuries he received while on active duty during the invasion of Panama, but that it is not listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant's military records do not show that he was awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in...
ARMY | BCMR | CY2009 | 20090006874
It also stipulates that the wound for which a PH is being awarded must have required treatment by medical personnel, and the records of medical treatment for the wound of injury for which the PH is being awarded must have been made a matter of official record. The evidence of record provides no indication that the applicant was ever wounded in action while serving in the Panama, or shows he was ever recommended for or awarded the PH by proper authority while serving on active duty. In...
ARMY | BCMR | CY2001 | 2001057368C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : He makes no contentions; however, he submits two SF Forms 600 (Chronological Record of Medical Care), dated 10 January and 7 February 1990, and four SF Forms 513 (Consultation Sheet), dated 21 February 1990, 4 April and13 September 1990 and 11 January 1991. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2005 | 20050014367C070206
The applicant requests correction of his records to show award of the Purple Heart for wounds received in Iraq. Therefore, he is entitled to correction of his records to show award of the Purple Heart for wounds received on 2 May 2004 in support of Operation Iraqi Freedom. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by showing award of the Armed Forces Expeditionary Medal in support of Operation "Just Cause"; and b....
ARMY | BCMR | CY2008 | 20080017793
He enlisted in the Regular Army on 1 April 1974 and served on active duty until he was honorably released from active duty (REFRAD) on 16 March 1980 due to completion of required service. While the applicant's records do indicate that he participated in Operation Just Cause in Panama, there is no evidence in his official records which indicates that he was treated for any injuries that were the result of enemy action. Therefore, in the absence of evidence to show that he was injured as a...
ARMY | BCMR | CY2013 | 20130015053
The applicant states the telegram from the Adjutant General to his mother shows that he was treated for a wound sustained as the result of hostile action. The subject telegram states, " your son, (the applicant), was slightly wounded in Vietnam on 5 April 1968, as a result of hostile action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action in Vietnam on 5...
ARMY | BCMR | CY2013 | 20130018013
IN THE CASE OF: BOARD DATE: 3 June 2014 DOCKET NUMBER: AR20130018013 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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...
ARMY | BCMR | CY2012 | 20120001087
The applicant provides: * DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 29 January 1967, 9 January 1971, and 19 November 1975 * VA application for compensation or pension * VA medical records * VA rating decision * Standard Form (SF) 93 (Report of Medical History), dated 24 July 1975 CONSIDERATION OF EVIDENCE: 1. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded...
ARMY | BCMR | CY2005 | 20050016091C070206
The applicant's name appears on the 27 March 1990 Department of the Army (DA) 555th Military Police Company memorandum which authorized members of the command to wear the right shoulder sleeve insignia and the Armed Forces Expeditionary Medal for wartime service from 20 December 1989 through 31 January 1990 during Operation Just Cause in Panama. The evidence of record indicates that while serving in Panama during Operation Just Cause the applicant was injured as the result of being hit by a...