PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 October 2002    
	DOCKET NUMBER:   AR2002076193

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Lutz		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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart.

3.  The applicant states that he received a severe head wound from enemy fire in the Persian Gulf.  

4.  The applicant’s military records show that he was ordered to active duty on 
27 September 1990.  He served as a vehicle driver in Southwest Asia from 
8 November 1990 through 28 May 1991.  On 7 February 1992, the applicant was placed on the Temporary Disability Retired List (TDRL).  He was removed from the TDRL and discharged with permanent disability retirement rated at 
40 percent on 9 February 1994.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6.  There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

7.  The applicant’s service personnel records contain a DA Form 2173 (Statement of Medical Examination and Duty Status), dated 23 May 1991, which states that the applicant fell off a truck on 23 March 1991 in Saudi Arabia and struck his head on the ground which clogged two ventricles in his brain.  Also, this injury resulted in the development of a cyst in the applicant’s spinal cord.  There is no evidence that this injury was the result of hostile action.  

8.  The Board noted that the applicant was eligible for award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) for his service in Southwest Asia.  These awards are not shown on his discharge document.

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

10.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

11.  The Kuwait Liberation Medal awarded by the Government of Kuwait 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.
 
CONCLUSIONS:

1.  The Board considered the applicant’s contention that he received a severe head wound from enemy fire in the Persian Gulf.  However, medical evidence shows the applicant fell off a truck on 23 March 1991 in Saudi Arabia and struck his head on the ground which resulted in a serious head injury.   

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds sustained as a result of hostile action in Southwest Asia.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.    

3.  The applicant served in Southwest Asia from 8 November 1990 through 
28 May 1991.  Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the KLM-SA and the KLM-K.   

4.  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 that the individual concerned was awarded the KLM-SA and the KLM-K.   

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

BOARD VOTE:  

KAK___  TAP_____  BJL_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Karol A. Kennedy_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002076193	
SUFFIX		
RECON		
DATE BOARDED	20021029	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.