PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:             29 December 1999 
	DOCKET NUMBER:     AR1999021514

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Christopher J. Prosser		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, in effect, correction of his military records to show three awards of the Purple Heart (correctly known as the Purple Heart with two Oak Leaf Clusters).

3.  The applicant states, in effect, that he is entitled to three awards of the Purple Hearts for wounds sustained from a “SCUD” missile blast and injuries incurred in two vehicular accidents during his tour in Southwest Asia.  In support of his application, he submits copies of his DD Forms 214 (Certificate of Release or Discharge from Active Duty), an award certificate for the Army Achievement Medal, an award certificate for the Army Commendation Medal, two orders showing activation to active duty and medical documentation.     

4.  The applicant’s military records show that he was ordered to active duty on
7 January 1991 in support of Operation Desert Shield/Desert Storm.  He served in Southwest Asia (SWA) from 16 January 1991 to 20 May 1991 and was honorably discharged from active duty on 5 June 1991.  He was ordered to active duty on 25 August 1991 in support of Operation Desert Shield/Desert Storm.  He served in SWA from 2 September 1991 to 23 November 1991 and was honorably discharged from active duty on 28 February 1992.  The applicant’s DD Forms 214, which were authenticated in his own hand, do not show any award of the Purple Heart as an authorized award.

5.  There is no evidence that the applicant was awarded any award of the Purple Heart or was wounded as a result of hostile action in Southwest Asia.    

6.  The applicant submitted a Standard Form 600 (Chronological Record of Medical Care), dated 8 March 1991, which shows he was evaluated and treated for injuries he received as a passenger in a shuttle bus accident in Southwest Asia.  He provided another Standard Form 600, dated 12 December 1991, which indicates he was involved in two vehicular accidents during his tour in Southwest Asia.  There is no evidence that these injuries were the result of hostile action in Southwest Asia.    

7.  The applicant provided an award certificate, dated 20 November 1991, which shows he received the Army Achievement Medal for the period 10 September 1991 to 12 November 1991.  This award is not shown on his DD Form 214 with an effective date of 28 February 1992.

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 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.  Additionally, the governing regulation specifically prohibits award of the Purple Heart for injuries or wounds which were accidentally incurred.
CONCLUSIONS:

1.  Although the applicant contends that he sustained wounds from a “SCUD” missile blast in SWA, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.

2.  The applicant’s contention that he is entitled to the Purple Heart for injuries incurred in two vehicular accidents was noted by the Board.  However, the Board noted that the medical evidence of record shows the applicant’s injuries were sustained as a result of a bus accident, not the result of hostile action.  The Board also notes that the governing regulation specifically prohibits award of the Purple Heart for injuries or wounds which were accidentally incurred.  Therefore, he is not entitled to any award of the Purple Heart.

3.  The applicant was awarded the Army Achievement Medal; therefore, he is entitled to correction of his military records to show this award. 

4.  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 that the individual concerned was awarded the Army Achievement Medal.

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

BOARD VOTE:  

GDP_____  CLG____  CJP____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		George D. Paxson______
		        CHAIRPERSON

INDEX

CASE ID	AR1999021514	
SUFFIX		
RECON		
DATE BOARDED	19991229	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19920228	
DISCHARGE AUTHORITY	AR 635-200, Chapter 4	
DISCHARGE REASON	Release from Active Duty	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.