PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 August 2000                   
	DOCKET NUMBER:   AR1999034780

	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	
	Mrs. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Calvin M. Fowler		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 (PH).

3.   The applicant states in effect, that he participated in the Persian Gulf War and that he received injuries from a chemical agent released by enemy action.  He submits pictures of his injuries and a copy of VA rating decision in support of his application.

4.   The applicant's military records show that on 12 July 1989, he enlisted in the Regular Army for a period of 4 years.  He completed the required training and was awarded military occupational specialty (19D) (Cavalry Scout).  The highest pay grade he achieved was pay grade E-4.

5.   His DA Form 2-1 (Personnel Qualification Record) and his Certificate of Release or Discharge from Active Duty (DD Form 214) shows that he participated in the “Defense of Saudi Arabia” and the “Liberation and Defense of Kuwait” campaigns from 13 October 1990 to 13 April 1991.  His military record does not show that he received any injuries while participating in those campaigns.

6.   On 12 July 1992, the applicant was released from active duty and transferred to U.S. Army Reserve.  He completed 3 years and 1 day of creditable active service.  He was awarded the Army Commendation Medal, the Army Achievement Medal, the National Defense Service Medal, the Army Service Ribbon, the Expert Badge Rifle, the German Armed Forces Marksmanship Award in Gold, the Army Lapel Button, the Southwest Asia Service Medal 
w/3 bronze service stars and the Kuwait Liberation Medal.  His DD Form 
214 does not show that he was awarded the PH nor does it show that he was awarded the Army Good Conduct Medal (AGCM).

7.   Army Regulation 600-8-22 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 would must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

8.   Army Regulation 600-8-22 also provides, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the terminations of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

9.   There is no indication in the applicant’s personnel records that show he was
awarded the AGCM.  There also is no evidence that the applicant was disqualified by his unit commander for award of the AGCM.  There is no evidence of derogatory information contained in the available records.

10.  On 2 November 1994, Congress enacted the “Persian Gulf War Veteran’s Benefits Act,” Title I of the “Veterans’ Benefits Improvements Act of 1994,” Public Law 103-446.  That statute added a new section 1117 to Title 38, United States Code, authorizing VA to compensate any Persian Gulf veteran suffering from chronic disability resulting from an undiagnosed illness or combination of undiagnosed illnesses which occurred either during active duty in the Southwest Asia theater of operations during the Persian Gulf War, or was manifest to a degree of 10 percent prior to 3 December 2001.

CONCLUSIONS:

1.  The evidence furnished by the applicant shows that he is being treated by the VA for an undiagnosed illness and has been compensated for a disability due to the undiagnosed illness associated with service in Southwest Asia in accordance with the 1994, enactment of the “Persian Gulf War Veteran’s Benefits Act”. 

2.  The Department of Defense has concluded that there was no intentional, tactical use of either biological or chemical weapons used during the war.  Therefore, until it is proven that the applicant’s injury was caused by enemy released chemical, biological agent award of the PH is not warranted.

3.  The evidence of record shows that the applicant is entitled to the first award of the AGCM for the period 12 July 1989 to 12 July 1992, based on completion of a period of qualifying service ending with the termination of a period of federal military service.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

     a.  awarding the AGCM to the individual concerned; and

     b.  correcting his DD Form 214 to show that he was awarded the AGCM.

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

BOARD VOTE:  

__jns___  __esc___  __cmf___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999034780	
SUFFIX		
RECON		
DATE BOARDED	20000803	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.