MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 May 2002        
	DOCKET NUMBER:   AR2002069565

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Thomas Lanyi		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:  Award of the Purple Heart.  

APPLICANT STATES:  That after a Scud attack on his company’s barracks on or about 20 February 1991 in Dhahran, Saudi Arabia, he was slightly injured with a slight loss of hearing in his right ear and a skin abrasion on his left arm.  He contends that as a company commander, for the next day he was rescuing 
48 survivors, recovering 8 remains and identifying 8 remains.  Then, the next day, he found and visited his 32 injured troops at 15 different hospitals.  At the last visit stop, he was treated by a doctor at the Army hospital on Dhahran airbase.  He contends that he was offered a Purple Heart by a doctor in Southwest Asia; however, he declined it at the time.  He also contends that there is no record of his medical treatment in his permanent medical records because this was done in a wartime theater of operations and his medical records were in Fort Lee, Virginia.  In support of his application, he submits a DA Form 67-8 (US Army Officer Evaluation Report) covering the period 9 June 1990 to 7 March 1991; letters of recommendation, dated 11 July 1991 and 20 August 1991; transfer orders, dated 8 March 1991; a letter, dated 22 May 1994, from the Commander, 475th Quartermaster Group; a newspaper article, dated 1 June 1994; and a letter, dated 6 May 1994, from the City of Elmhurst, Veterans Memorial Commission.

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

The applicant was commissioned a second lieutenant in the Regular Army and entered active duty on 22 May 1985.  He served as a field artillery officer in Southwest Asia from 29 August 1990 through 8 March 1991.  The applicant was honorably released from active duty in the rank of captain on 30 September 1991. 

The applicant’s application indicates that he is currently serving in the National Guard in the rank of lieutenant colonel.

The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the Purple Heart as an authorized award.

There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action in Southwest Asia.

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.

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 considered the applicant’s contention that he was slightly injured after a Scud attack on or about 20 February 1991 in Southwest Asia.  The Board also considered the documentation provided by the applicant which shows that his unit suffered an Iraqi Scud missile attack with numerous casualties.  However, there is no evidence of record, and the applicant has provided no evidence, which shows the applicant was wounded or treated for wounds as a result of hostile action in Southwest Asia.  Therefore, the Board determined that there is insufficient evidence on which to base an award of the Purple Heart in this case.

2.  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 this requirement.

3.  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

JLP_____  BJE_____  TL______  DENY APPLICATION

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

INDEX

CASE ID	AR2002069565	
SUFFIX		
RECON		
DATE BOARDED	20020521	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.