MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            20 July 2000                  
	DOCKET NUMBER:   AR1999029253

	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. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler . 		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Kenneth L. Wright		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:  That his records be corrected to show he received a disability retirement, and that he was awarded the Purple Heart.

APPLICANT STATES:  That he should have been retained on active duty or received a medical retirement, that his medical records and awards indicate his medical problems as well as an incorrectly diagnosed condition.  He further states that he should have been awarded the Purple Heart for injuries he received in combat during Operation Desert Storm.  In support of his request he submits a copy of his December 1991, DD Form 214 (Certificate of Release or Discharge from Active Duty), his rebuttal to a Veterans Affairs (VA) decision, and a self authored report on the conditions in Saudi Arabia during Desert Shield, Desert Storm and Desert Fix. 

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

On 30 December 1949, the applicant entered active duty in the Air Force and was honorably discharged on 23 December 1953.  He entered the U.S. Army Reserve in 1960, as a Warrant Officer, and served in an Active Guard Reserve (AGR) position from July 1987 to 31 December 1991.  He was assigned to Southwest Asia from September 1990 to April 1991. 

On 31 December 1991 he was released from active duty under the provisions of Army Regulation 635-100, chapter 3, section VI, for maximum age.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he had completed over 8 years of active duty and over 30 years of inactive service.
He was transferred to the Retired Reserve effective 1 January 1992.

Army Regulation 635-40 states that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service.  When a solider is being processed for separation or retirement for reasons other than physical disability, continued performance of assigned duty commensurate with his or her rank or grade until the soldier is scheduled for separation or retirement, creates a presumption that the soldier is fit.  The presumption of fitness may be overcome if the evidence establishes that the soldier was, in fact, physically unable to perform adequately the duties of his or her office, grade, rank or rating for a period of time because of disability.  There must be a causative relationship between the less than adequate duty performance and the unfitting medical condition or conditions.  The presumption of fitness may also be overcome by an acute, grave illness or injury or other significant deterioration of the soldier’s physical condition occurred immediately prior to, or coincident with processing for separation or retirement for reasons other than physical disability and which rendered the soldier unfit for further duty.
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

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.  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.  

2.  The applicant has failed to submit evidence that an error or an injustice occurred in this case.  

3.  The evidence of record indicates he did not have any medically unfitting disability which required physical disability processing.  Therefore, there is no basis for physical disability retirement or separation.

4.  There is no evidence in the available records, nor did the applicant provide any to substantiate his claim that he was wounded by hostile action during his tour in Saudi Arabia.  

5.  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

___sac__  ___amc__  ___klw__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999029253	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000720	
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.  108.00		
2.  107.00		
3.		
4.		
5.		
6.