PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            3 October 2002                  
	DOCKET NUMBER:   AR2002073075

	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. Carl W. S. Chun		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Charles Gainor		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 award of the Purple Heart.

3.  The applicant states that he was wounded in Southwest Asia during Operation Desert Storm, but no paperwork was submitted.  He contends that he was unjustly not submitted for award of the Purple Heart.  In support of his application, he submitted a chronological record of medical care, dated 16 July 1997, and a medical consultation for gunshot wound in the area over his left upper arm.

4.  The applicant’s military records show he entered active duty on 20 June 1978 and completed training as a medical supply specialist.  On 30 June 2002, he was honorably separated from active duty in the rank of Sergeant First Class with over 24 years of active Federal service and retired.

5.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show award of the Purple Heart in 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized).  His personnel records do not contain any evidence that he was wounded or treated for wounds as a result of hostile action.

6.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.  This data base shows that the applicant served in Southwest Asia from 1 August 1990 to 31 December 1990.

7.  The applicant submitted a 20 October 1997 medical consultation by a civilian medical doctor.  This evaluation was for tingling, numbness and pain resulting from a gunshot wound to his left upper arm.  However, this medical evaluation does not attribute this gunshot wound to hostile action.

8.  In the processing of this application, an advisory opinion was obtained from the Awards Branch of the U.S. Total Army Personnel Command.  The applicant was provided the advisory opinion for comment and/or rebuttal by letter dated 17 July 2002 and was provided 30 days in which to respond.  He has not responded as of 25 September 2002.

9.  The advisory opinion states the applicant served in Southwest Asia as a member of the 32d MEDSOM Battalion and contains a statement by the applicant's supervisor in Southwest Asia who is currently an Army major.  She stated the applicant deployed to Southwest Asia and, in November or December 1990, he was at a recreational area when he was accidentally hit by a stray bullet apparently from a nearby rifle range.

10.  Based on review of the records in this case, the applicant is entitled to award of the Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal awarded by the Government of Kuwait.  These awards are not shown on the applicant's DD Form 214.

11.  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.

12.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

13.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

14.  U.S. Total Army Personnel Command message with date time group 171226Z January 1991 delegated wartime award approval authority to specific commanders in Southwest Asia.  Prior to the date time group of this message, there were no hostilities in Southwest Asia and award of the Purple Heart was not authorized.

CONCLUSIONS:

1.  There is no military medical record that shows the applicant was wounded or treated for wounds as a result of hostile action during service in Southwest Asia.

2.  The applicant submitted a civilian medical consultation which states the applicant was evaluated for a gunshot wound above the left arm sustained during the Gulf War in 1992.

3.  The Board noted the first lieutenant who was the applicant's supervisor in Southwest Asia stated that he was accidentally wounded by a stray bullet from a rifle range in November or December 1990.  

4.  The Board also noted that the applicant was wounded prior to commencement of hostilities in Southwest Asia.

5.  Based on the foregoing, the Board determined that the applicant was not wounded as a result of hostile action.  Further, the applicant was injured prior to the commencement of hostilities and prior to the date (17 January 1991) when authority to award the Purple Heart was delegated to designated commanders in the Southwest Asia theater of operations.  Therefore, he was not entitled to award of the Purple Heart at the time in question and is not eligible for award of the Purple Heart at this time.

6.  In view of the foregoing, the Board also finds the applicant's contention that he was unjustly denied the Purple Heart is without merit.

7.  The DMDC data base shows that the applicant served in Southwest Asia from 1 August 1990 to 31 December 1990.  Based on this service the applicant is entitled to award of the Southwest Asia Service Medal (SWASM) with one bronze service star and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) and correction of his records to show these awards.  

8.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Southwest Asia Service Medal (SWASM) with one bronze service star and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K). 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

____INW  __WTM  ___CG           GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002073075	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021003	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.