PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               14 January 1999
	DOCKET NUMBER:      AC98-05387
                                                 AR1999016018

	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.  

	Mr. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Shirley L. Powell		Member	
	Ms. Kathleen A. Newman		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his records to show the Purple Heart.

3.  The applicant states he was wounded by “Schrapnel, head and leg” in Saudi Arabia on 21 December 1990.  The applicant also states the Purple Heart was presented by the Region IV Commander of the North Carolina Military Order of the Purple Heart on 24 may 1997.  The analyst for this case has talked with the applicant in an attempt to get records and has attempted, without success, to have the representative of the Military Order of the Purple Heart return a telephone call since 22 October 1998.

4.  The applicant’s military records show he entered active duty on 5 September 1989 and completed training as a field artillery crewmember.  The applicant was honorably discharged on 31 August 1992.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the Purple Heart as an authorized award.  The Board notes the applicant is entitled to the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait, but his discharge document only shows one unspecified award of the Kuwait Liberation Medal.

5.  The Defense Manpower Data Center (DMDC) Desert Shield/Storm Data Base shows the applicant served in Southwest Asia from 11 September 1990 to 10 April 1991.

6.  The applicant’s records contain no military orders which award the applicant the Purple Heart.  There is no evidence available to the Board which shows the applicant was wounded. 

7.  Army Regulation 600-8-22 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 that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

8.  Department of the Army message, 171226ZJAN91, Subject:  Delegation of Wartime Award Approval Authority, governed award of the Purple Heart during operations in Southwest Asia.  The Purple Heart was not authorized for award prior to the commencement of hostilities on 17 January 1991.

9.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

10.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was properly awarded the Purple Heart or was wounded due to hostile action.  The Board also notes that the Purple Heart was not authorized for award in Southwest Asia at the time the applicant states he was wounded.  Therefore, the applicant is not entitled to award of the Purple Heart.

2.  The applicant was entitled to award of the Kuwait Liberation Medals awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Government of Kuwait 
(KLM-K).  Therefore, he is entitled to correction of his records to both awards.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the KLM-SA and the KLM-K.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

RVO____  SLP_____  KAN____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-05387/AR1998016018	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990114	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19920831	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.