PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           9 December 1999
	DOCKET NUMBER:   AR1999023083

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Thomas D. Howard, Jr.		Member	
	Mr. James P. Steuve		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, through his Congressman, reconsideration of his request for the award of the Purple Heart.

3.  The applicant states, in effect, that he sustained injuries to his left leg, for which he received medical attention, as a result of an incident with hostile forces during Operation Uphold Democracy in Haiti in 1994.

4.  The Memorandum of Consideration reflecting the Board’s 23 April 1998 review of the applicant’s request is incorporated herein by reference as if wholly set forth.

5.  The applicant’s previous application included a copy of a treatment record dated 19 October 1994.  The treatment record was for removal of sutures from the site of a laceration caused by concertina wire.  Additionally, the applicant submitted a statement from his former platoon sergeant indicating that the laceration was an injury in the line of duty from hostile action. 

6.  The prior Board review cited the Total Army Personnel Command message 141830Z October 1994 as authorizing the award of the Purple Heart during Operation Uphold Democracy.  At the time of this authorization the applicant had already returned to Fort Bragg.

7.  The applicant’s current request contains a description by another service-member describing of the incident that resulted in the applicant sustaining the concertina wire laceration to his leg.  

8.  In the processing of this case the Board requested from the Army Review Boards medical advisor clarification as to who was permitted to perform invasive medical procedures such as suturing of wounds. The Board was advised that, except in specific situations, this type of procedure must be carried out by or be authorized by a medical officer.

9.  Army Regulation 600-8-22, provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against the enemy or as a result of hostile action.  AR 672-5-1, paragraph 2-15.1, provides, in pertinent part, that the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. 

CONCLUSIONS:

1.  The applicant has not been able to provide a copy of the original medical report of his injury.  However, in light of the ARBA Medical Advisor’s opinion it is reasonable to conclude that the applicant had received treatment from a medical officer.

2.  The statements of individuals are normally inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment.  However, they are usually accepted as a substantiation of the combat or the enemy origin of a wound for which there is a record of treatment.  

3.  The Board notes that the date of authorization for award of medals during Operation Uphold Democracy was not formalized until two days after the applicant had departed the country although the effective dates included his period of service in country.  

4.  The Board is of the opinion that the descriptions of the cause of the applicant’s wound combined with the available medical information shows that the applicant did sustain a wound warranting award of the Purple Heart.

5.  In view of the foregoing findings and conclusions, the interest of justice would be served by correcting the applicant’s records 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 is entitled to award of the Purple Heart for wounds sustained on 9 October 1992 in Port-au-Prince, Haiti.

BOARD VOTE:  

__jhl____  __tdh____  __jps____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___JoAnn H. Langston__
		        CHAIRPERSON

INDEX

CASE ID	AR1999023083	
SUFFIX		
RECON		
DATE BOARDED	19991209	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	
GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.