MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 April 2001                   
	DOCKET NUMBER:   AR2000050751

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman, Jr.		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 he be awarded the Purple Heart.

APPLICANT STATES:  That he was injured on 28 February 1991 during action against Iraq.  He received a recommendation for the award and received the medal from the battalion commander but never received orders or a certificate for the award.  Supporting evidence is as listed on the DD Form 149.  

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

After having had prior service, he reenlisted in the Regular Army in May 1988.

The applicant arrived in Southwest Asia on 27 August 1990 and served with Company D, 4th Battalion, 64th Armor, 24th Infantry Division as an M1A1 Armor Crewman.

A Recommendation for Award, DA Form 638, dated 3 December 1991 shows that the applicant was recommended for award of the Purple Heart for wounds received on 28 February 1991.  His mission had been to secure and defend Highway 8.  His tank ran over an anti-tank mine on Highway 8 in Iraq and a piece of shrapnel from the mine entered the turret and struck him in the right thigh causing a laceration and a deep thigh bruise.  On 3 December 1991, his company commander recommended approval.  

An undated letter of lateness stated the award recommendation was returned by the 2d Brigade due to the physician assistant’s (PA) statement not being in the correct format.

A memorandum from the applicant’s battalion commander dated 19 August 1992 forwarded the recommendation, with his recommendation for approval, through channels to the Commander, U. S. Total Army Personnel Command (PERSCOM).  He stated that he asked for verification (of the wound) from a medical officer and that the PA’s handwritten statement beneath Sergeant S___’s statement met the intent of the regulation.  

A statement dated 30 September 1992 from the PA noted that the applicant was treated by Sergeant S___.  No casualty feeder report card had been received.  The applicant did have minimal scar tissue on his right anterior thigh; therefore, the PA verified that the applicant was injured.

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required 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. 
PERSCOM message 171226Z January 1991, Subject:  Delegation of Wartime Award Approval Authority, provided special guidance for Operation Desert Storm. It stated that “division commanders in the grade of major general who had troops committed to the combat operation and hospital commanders receiving casualties could award the Purple Heart to soldiers who were wounded as the direct result, repeat, direct result of enemy action.”  

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 Board appreciates the applicant’s services rendered while in Southwest Asia; however, the evidence provided does not show that he was wounded as a direct result of enemy action.  The provided PA’s statement merely stated that he was injured but not how he was injured.

2.  In addition, the circumstances surrounding the wound as described in the DA Form 638 does not meet the strict guidelines PERSCOM required for the Persian Gulf conflict.  That is, the wound may have been incurred as an indirect result of enemy action but it was not incurred as a direct result of enemy action.

3.  The applicant’s battalion commander did not have the authority to approve the Purple Heart; he should not have presented the applicant the Purple Heart prior to its being approved for award.

4.  Regrettably, 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:

__rwa___  __rtd___  __dph___  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000050751	
SUFFIX		
RECON		
DATE BOARDED	20010412	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.