PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 September 2002
	DOCKET NUMBER:   AR2002073619

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Karen A. Heinz		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, in effect that he be awarded the Purple Heart (PH). 

3.  The applicant states, in effect, that on 2 March 1991, he was wounded while serving during Operation Desert Storm.  In support of his application, he submits a copy of his separation document (DD Form 214), an Inpatient Treatment Record Cover Sheet (DA Form 3647), a Physical Evaluation Board (PEB) Proceedings (DA Form 199), and two memoranda from members of his chain of command during Operation Desert Strom, dated 18 July 1997 and 17 November 1998. 

4.  The applicant’s military records show that on 30 January 2002, he was medically retired with a disability rating of 30 percent, after completing a total of 15 years, 5 months, and 25 days of active military service. 

5.  The DD Form 214, issued to and signed by the applicant on the date of his separation, confirms that at the time of his separation he held the rank of sergeant first class/E-7, and that he was serving in military occupational specialty (MOS) was 12B (Combat Engineer).  It also shows that he served in Southwest Asia from 1 October 1990 to 18 March 1991, and that he earned the following awards during his active duty tenure:  Army Commendation Medal (2nd Award); Army Achievement Medal (6th Award); Army Good Conduct Medal (5th Award); National Defense Service Medal; Southwest Asia Service Medal with 2 bronze service stars; Kuwait Liberation Medal (SA); and Kuwait Liberation Medal (KU).

6.  The applicant provided a DA Form 3647, dated 15 March 1991, which confirms that he received medical treatment for shrapnel wounds to his left leg and back.  It also shows that he was injured by a friendly detonator that was being used to clear an artillery section in Iraq on 2 March 1971.

7.  The memorandum dated 18 July 1997, was written by a company commander at Fort Leonard Wood, Missouri, who was the applicant’s platoon leader during Operation Desert Storm.  It indicates that the applicant was wounded while destroying enemy munitions in support of Operation Desert Storm, and it requested the assistance of the Inspector General in pursuing the award of the PH to the applicant.  The 17 November 1998 memorandum provided by the applicant contains the approval recommendation of the applicant’s brigade commander to the Total Army Personnel Commander (PERSCOM) and indicated that the applicant met the criteria for award of the PH.

8.  During the processing of this case, an official from the PERSCOM Awards Branch was contacted by a member of the Board staff to ascertain if a recommendation for award of the PH was ever acted upon by PERSCOM.  The PERSCOM awards official confirmed that their data base shows an approved award of the PH on the applicant.  However, their files contain no documentation to show the award was submitted or approval, and contains no orders awarding the applicant the PH.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force.  A wound is defined as an injury to any part of the body from an outside force or agent while engaged in action against the enemy.  It further provides for the award of the PH in cases of friendly fire under certain circumstances.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he is entitled to receive the PH for wounds he received in action, and it finds sufficient evidence to support this claim.  

2.  By regulation, the PH is authorized for personnel who are wounded by friendly fire under certain circumstances if there is evidence to show that the wound for which the award was being made was treated by military medical personnel, and that this treatment was made a matter of official record.  

3.  The evidence of record confirms that the applicant was wounded in action on 2 March 1991, while serving in Iraq during Operation Desert Storm, and as a result, he was treated by military medical personnel for shrapnel wounds to his left leg and back.  Further, there is evidence that this award was recommended by the chain of command and approved by PERSCOM; however, the documentation was lost and orders were never published.  Therefore, the Board concludes that the applicant is entitled to the PH and it would be appropriate to award it to him and add it to his record at this time. 

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the applicant the Purple Heart for being wounded in action on 
2 March 1991, while serving as a staff sergeant in Iraq during Operation Desert Storm.

BOARD VOTE:  

__EJA__  __TBR___  ___KAH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Elzey J. Arledge, Jr.   _
		        CHAIRPERSON

INDEX

CASE ID	AR2002073619	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/09/17	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	 GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.