MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  26 August 1999
	DOCKET NUMBER:   AR1999028527

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Theodore G. Heartley		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Samuel Calderon		Member	
	Ms. Barbara J. Ellis		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  Reconsideration for the award of the Purple Heart (PH) previously denied him by U.S. Total Army Personnel Command (DA PERSCOM) on 22 March 1988.

APPLICANT STATES:  In effect, that his initial request documented his injuries sustained from a terrorist attack on a military duty bus he was riding to his place of duty while assigned to Greece; that he was not aware of the disposition of his initial request until February 1999, and that his request was denied because Army evaluators misapplied the criteria contained in Army Regulation (AR) 600-8-22.

In support of his request, the applicant submitted a number of documents specifically indexed in block 10 of his application beginning with Tab A through Tab I. 

EVIDENCE OF RECORD:  The applicant's military records show:

He was appointed as a second lieutenant in the USAR on 11 January 1980 and is presently serving on active duty as a lieutenant colonel at the Defense Finance and Accounting Service, Arlington, Virginia. 

An emergency care and treatment record shows that on 24 April 1987, he was treated for minor cuts, superficial lacerations to the forehead and an injury to his wrist sustained while a passenger on a bus that exploded from a bomb.

An undated and unsigned DA Form 4187, personnel action request, shows a request for the award of the PH based on injuries sustained from an international terrorist attack outside Athens, Greece on 27 April 1987.

On 20 January 1988, DA PERSCOM, Chief, Military Awards Branch requested that the DA Surgeon General (SG) provide an advisory opinion concerning the award of the PH to 14 individuals injured in a bombing incident in Greece.  The request indicated that several injuries were relatively minor and under normal conditions would not qualify for award of the PH; that all injuries included only lacerations, abrasions and similar wounds; sprains, strains and muscle spasms; a puncture wound; and a contusion.  The request further stated that based on previous opinions, it appeared doubtful that the PH should be awarded since some individuals suffered only minor abrasions or contusions.

On 2 March 1988, the DASG provided an advisory opinion stating that after a review of medical treatment records of the individuals concerned, none met the medical criteria for the award of the PH.

On 22 March 1988, DA PERSCOM advised U.S. Army Europe, 1st PERSCOM, that none of the minor medical injuries described in the medical records met the criteria for the award of the PH.

On 29 July 1988, the applicant was awarded a Certificate of Achievement from the Commander, South European Task Force, a major general, for his professional conduct while a passenger on a military bus during a terrorist attack from a bomb that caused the bus to crash. 

The sequence of events statement, dated 18 March 1997, outlined a detailed chronology of events relating to the bombing of the bus.  The statement also indicated that the applicant’s injuries were not critical and that he made full recovery except that he still suffers from numbness and a tingling sensation in his left hand from the injury sustained to his wrist.

AR 600-8-22 pertains to military awards and states, in pertinent part, that the PH is awarded for a wound sustained as a result of enemy or hostile action or international terrorist attack.  The regulation further states, in pertinent part, that a wound is defined as an injury to any part of the body from an outside force or agent; and that a physical lesion is not required, however, the wound for which the award is made must have required medical treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. 

The regulation also states, in pertinent part, recommendations for award of the PH based on alleged international terrorist attacks for military and DA civilian personnel must be accompanied by a written evaluation from the major command security and intelligence staff officer indicating that international terrorist activity was involved and confirmed by DA PERSCOM.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s request lacks merit when the evidence of record is considered.

2.  Under normal combat conditions, his medical documentation would be sufficient to qualify for the award of the Purple Heart.  However, since the specific nature of the hostile action involved an international terrorist attack, such hostile action must be classified as a bonefide terrorist attack and documented as such in official Army records.  No record of this alleged international terrorist attack exists in any official Army record.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___SP___  ___SC__  ___BE___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999028527	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990826	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  107	Purple Heart	
2.		
3.		
4.		
5.		
6.