PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            13 April 2000                  
	DOCKET NUMBER:    AR1999030976

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Ms. Sherri V. Ward		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 meets the criteria for the Purple Heart, however, because of errors in documenting his injury he has been unable to obtain it.

4.  In support of his request, he has provided a personal statement describing the events surrounding his elbow and leg injury resulting from an enemy attack while he was serving in Somalia.  He also includes a copy of his medical treatment forms and statements from his squad leader and platoon sergeant attesting to the fact that his injuries were related to enemy action. 

5.  The applicant’s military record shows that he enlisted on 21 June 1991 and received training as an aircraft electrician.  He served in Somalia from April to September 1993 and in Korea from October 1994 to October 1995.  He was honorably discharged with disability severance pay on 4 December 1996 in the grade of sergeant.

6.  His awards include the Army Lapel Button, the Army Commendation Medal (4th award), the Army Achievement Medal (2nd award), the Joint Meritorious Unit Award, the Army Good Conduct Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Humanitarian Service Medal, the Noncommissioned Officer’s Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the United Nations Service Medal, the Expert Badge with rifle and grenade bars, the Aircraft Crewman Badge and the Driver and Mechanic Badge with W-bar.

7.  The applicant contends that he was injured on the night of 19 July 1993 during an attack on Mogadishu Airport where he was assigned at the time.  The medical documentation submitted with his application is dated 23 July 1993 and 15 October 1993 respectively, and relates that he injured his elbow and knee during an attack on his position. 

8.  The witness statements provided are from his squad leader and his platoon sergeant.  Both statements describe the same general sequence of events, i. e. the airport came under attack, the applicant fell while running for his fighting position and another soldier landed on top of him.  The applicant was taken to the aid station and treated.  However, according to the applicant, the circumstances of his injuries were not recorded by the medical personnel who treated him at the time.

9.  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 by a medical officer, and the medical treatment must have been made a matter of official record.

10.  The same regulation provides that when contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

CONCLUSIONS:

1.  Evidence of record shows that the applicant was treated for elbow and knee injuries but the record of treatment was made after-the-fact and appears to be based on the applicant’s statement only.

2.  The witness statements provided in support of his request both describe the same events.  However, the statement from his platoon sergeant seems to be hearsay as opposed to an actual witness of the events resulting in the applicant’s injuries.  On the other hand, the statement from his squad leader appears to be that of an eyewitness and lends credence to the applicant’s account that his injuries were the result of enemy action.

3.  There is less documentation with this request than desired.  However, the account of the applicant’s squad leader is not easily disregarded, therefore, the Board is inclined to give the benefit of the doubt to the applicant and award the Purple Heart for his injuries.

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:

a.  showing that the individual concerned was awarded the Purple Heart for injuries received in action in Somalia on 19 July 1993; and

	b.  issuing to him the Purple Heart Medal and a correction to his DD Form 214 showing his entitlement to the award.

BOARD VOTE:  

__fne ___  __cla ___  __svw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Fred N. Eichorn_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999030976	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000413	
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.  107.00		
2.		
3.		
4.		
5.		
6.