IN THE CASE OF:
BOARD DATE: 29 October 2015
DOCKET NUMBER: AR20150002670
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 (PH).
2. The applicant states while he was serving on active duty in support of Operation Desert Storm he became ill with irritable bowel syndrome and an undiagnosed skin rash. He attributes these conditions to a Scud missile explosion which occurred when he was deployed to Saudi Arabia. His unit had to wear mission oriented protective posture gear and gas masks for 30 days and they were unable to shower. He was also sent to Iraq with three other individuals from his unit to act as guards for a fuel point and to perform maintenance on tracked vehicles. He did not receive any recognition for this service and he believes he is eligible for the PH. If he is eligible for the PH because of exposure to particulates in the atmosphere he would like to have what he deserves.
3. The applicant provides a letter from Pope County (AR) Veteran Services.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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 Army National Guard (ARNG) on 12 February 1990.
3. On 21 November 1990, he was ordered to active duty in support of Operation Desert Shield/Storm.
4. He was released from active duty on 12 June 1991. He completed 6 months and 21 days of net active service this period. His DD Form 214 shows he was awarded or authorized the:
* Army Service Ribbon
* NDSM
* Expert Marksmanship Qualification Badge with Grenade Bar
5. His National Guard Bureau (NGB) Form 22 (Report of Separation of Service) shows he was separated from the ARNG on 1 February 1992 for unsatisfactory participation. It shows in item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded this Period) he was authorized the:
* Army Service Ribbon
* NDSM
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
6. There is no evidence in the available record and he has not provided any evidence showing he was either recommended for or awarded the PH.
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, in pertinent part, 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. In order to support award of the PH the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action. The wound must have also required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.
2. There is no evidence in the available record and he has not provided any evidence showing he was either recommended for or awarded the PH.
3. 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.
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) AR20150002670
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150002670
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110009757
The applicant requests to be awarded the Purple Heart for an injury he sustained while serving in Saudi Arabia on 19 March 1991. The applicant requests to be awarded the Purple Heart for an injury he sustained while serving in Saudi Arabia on 19 March 1991. 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...
ARMY | BCMR | CY2003 | 2003084281C070212
In a Standard Form (SF) 93, Report of Medical History, dated 20 August 1972, which was completed by the applicant while he was undergoing a periodic physical examination, he reported that he had been hospitalized and treated for strained back muscles in Hattiesburg, Mississippi, in 1956. Block 15 of the form has the following entry; "Activated National Guard member who related chronic left knee pain since activation. An entry appears on the SF 93, Report of Medical History, which he...
ARMY | BCMR | CY2008 | 20080007231
There were no military records on file or provided by the applicant, that confirms he engaged in combat or received injuries from enemy action during Operations Desert Shield/Desert Storm. This document states that the applicant has PTSD and that the circumstances under which the applicant received the PTSD were as the applicant presented at the time. The regulation states, in order to support award of the PH, there must be evidence that the wound for which the award is being made was...
ARMY | BCMR | CY2008 | 20080009866
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show he was awarded the Army Achievement Medal. Item 13 of the applicant's DD Form 214 shows he is authorized the Kuwait Liberation Medal. As a result, the Board recommends denial of so much of the application that pertains to the reserve obligation termination date, the Bronze Star Medal, the Purple Heart, the Defense of Saudi Arabia, Liberation and Defense...
ARMY | BCMR | CY2005 | 20050004531C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 January 2006 DOCKET NUMBER: AR20050004531 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. There are no orders in the applicant's military personnel records awarding him the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2012 | 20120010588
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active duty) to show he was awarded the Kuwait Liberation Medal (KLM), Army Good Conduct Medal (AGCM), Army Reserve Components Achievement Medal (ARCAM), and any other medals he is qualified to receive for his service in Saudi Arabia from 7 February to 19 September 1991 during Operation Desert Shield/Desert Storm. The evidence of record shows the applicant injured his right wrist while serving in...
ARMY | BCMR | CY2004 | 20040008097C070208
Lawrence Foster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. A Purple Heart certificate, dated 28 February 1991, indicates the applicant was awarded the Purple Heart for wounds received in action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she was awarded the Purple Heart for wounds received on 28 February 1991, the Kuwait Liberation...
ARMY | BCMR | CY2003 | 2003085089C070212
EVIDENCE OF RECORD : The applicant's military records show: The Board reviewed the medical records submitted by the applicant showing that he sustained an injury to his left arm and was treated for that injury. The Board considered the applicant's contention that he should be awarded the Purple Heart for emphysema he sustained as the result of oil well fires in Kuwait.
ARMY | BCMR | CY1995 | 9507527C070209
APPLICANT REQUESTS: Correction of his military records to reflect award of the Purple Heart and Combat Infantryman Badge. EVIDENCE OF RECORD: The applicant's military records show: He was a member of the USAR when he was called to active duty on 14 January 1991 in support of Operation Desert Shield/Storm. In the absence of more convincing evidence that the applicant was actively engaged in ground combat or that his injuries occurred while on a combat mission, as opposed to while guarding...
ARMY | BCMR | CY2005 | 20050005706C070206
The applicant provides copies of: his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 13 September 1993; a DA Form 199 (Physical Evaluation Board [PEB] Proceedings), dated 3 September 1993; and an undated statement from his former Platoon Sergeant who witnessed the event that caused the applicant’s injury during Operation Desert Storm. Therefore, the applicant is not entitled to award of the Purple Heart or to correction of his records to show this decoration. ...