IN THE CASE OF: BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150017251 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150017251 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the Army Board for Correction of Military Records as set forth in Docket Number AR20110011887, dated 5 January 2012. ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150017251 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision as promulgated in Docket Number AR20110011887 on 5 January 2012. Specifically, he requests award of the Purple Heart. 2. The applicant states: a. He sustained a service-connected injury that left him with shrapnel embedded in his lower right jawbone. b. The injury that qualifies him for the Purple Heart occurred in February 1991 during a minefield breaching operations during the Persian Gulf War. c. He believes the record to be incorrect or missing the award due to the fact that he refused medical evacuation and remained with his unit, as he did not know there was a piece of metal logged in his lower right jaw until it was later discovered in a medical review. d. He filed a claim with the Department of Veterans Affairs (VA) and the presence of the piece of metal was confirmed and documentation supports direct and indirect fire during his engagement in combat. 3. The applicant provides: * an excerpt of Title 10, U.S. Code, Section 1130 * a self-authored statement * a third-party statement of support * five DA Forms 1594 (Daily Staff Journal or Duty Officer's Log), dated 24 and 25 February 1991 * photographs of individuals in military desert uniforms, weapons, and equipment * a sketch of a battle plan * orders and a certificate for the Valorous Unit Award (VUA) * copies of dental x-rays * his VA Rating Decision, dated 7 January 2014 CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records that were summarized in the previous considerations of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Dockets Numbered AR20100025791 on 3 May 2011, and AR20110011887 on 5 January 2012. 2. The applicant provides a 5-page DA Form 1594 and a VA Rating Decision that were not previously considered. These documents are new evidence that now warrants consideration by the Board. 3. The Board noted the following in the previous Record(s) of Proceedings: a. The applicant enlisted in the Regular Army on 2 July 1986 and was awarded military occupational specialty (MOS) 11E (Armor Crewman) upon completion of his initial entry training. His MOS was later changed to 19K (M1 Armor Crewman). b. He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 34th Armored Regiment on 7 August 1990. He subsequently served in Southwest Asia (SWA) from 29 December 1990 through 9 May 1991. On 11 May 1992, while still a member of the same organization, he was released from active duty. c. Headquarters and Headquarters Company, 2nd Battalion, 34th Armored Regiment was awarded the Valorous Unit Award for exceptionally valorous service against the Iraqi Armed Forces during the period 24-27 February 1991. d. He was released from active duty and transferred to the U.S. Army Reserve Control Group on 11 May 1992. Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded or authorized the: * Bronze Star Medal * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Southwest Asia Service Medal with 3 bronze service stars * Army Service Ribbon * Overseas Service Ribbon * Kuwait Liberation Medal * Expert Marksmanship Qualification Badge with Pistol and Grenade Bars * Army Lapel Button e. There is no evidence in the applicant's medical and/or personnel records that shows he was injured in combat. f. The U.S. Army Human Resources Command (HRC), Awards and Decorations Branch, denied his request for the Purple Heart on 15 September 2010. HRC stated that they were unable to verify his entitlement to the Purple Heart. 4. The Board concluded the following: a. There was no evidence in the applicant's records and he had not provided any evidence that shows he was wounded or injured in action. The x-rays and casualty feeder report he submitted did not show he was wounded in action. Absent evidence that conclusively shows he had sustained wounds or injuries as a result of hostile action; that he had been treated by medical personnel for those wounds or injuries; and that such medical treatment had been made a matter of official record; there was an insufficient basis for awarding the Purple Heart. b. The permanent orders showing the applicant's unit was awarded the VUA supported his contention that his unit served in combat. However, this evidence was not proof of his actual service in combat or that he was wounded as a result of enemy action. c. The applicant's argument that the metal fragments shown in his dental x-rays were the result of combat with the enemy in Iraq is not convincing without further documentation clearly showing the dates, locations, and circumstances he received these fragments. 5. In support of this request, the applicant provides the following: a. A 5-page DA Form 1594, dated 24 and 25 February 1991. The applicant highlighted a number of entries that essentially show two Soldiers from the 2nd Battalion, 34th Armored Regiment were killed/injured in SWA on 24-25 February 1991. These documents do not show the applicant was injured as a result of hostile action. b. A VA Rating Decision, dated 7 January 2014, which shows he was rated for a "retained metallic fragment right jaw." There is no evidence in this rating decision that confirms a shrapnel wound resulted from hostile action in SWA. c. A self-authored statement, in which he narrates the events that led to his unit sustaining some casualties. He also contends he was wounded during one of the incidents that led to the casualties. d. A third-party statement of support, essentially stating the applicant received artillery fire during Operation Desert Storm. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record. DISCUSSION: 1. The applicant contends he should be awarded the Purple Heart because he was wounded in action in SWA. 2. The VA Rating Decision provided by the applicant was considered. This document does not conclusively show he was treated for wounds resulting from hostile action. 3. The DA Forms 1594 were also considered. However, these forms only confirm that his unit sustained some casualties during Operation Desert Storm. These forms do not show the applicant was wounded in action. 4. The criteria for award of the Purple Heart require substantiating evidence verifying that a wound was the result of hostile action, that the wound required treatment by medical personnel, and that the medical treatment was made a matter of official record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017251 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017251 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2