BOARD DATE:	 9 September 2014 

		DOCKET NUMBER:  AR20140001106 


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 his earlier request for award of the Purple Heart.

2.  The applicant states:

	a.  He was wounded during the invasion of Panama on 26 December 1989.

	b.  While conducting an air assault on an objective, he took fire from a building and he sliced open his groin when he hit the ground.

	c.  He was told he was submitted for award of the Purple Heart, but his medical records were lost.  The Department of Veterans Affairs found his records.

3.  The applicant provides:

	a.  two service medical records, dated 26 and 27 December 1989, showing he was treated for a laceration to his groin.  He reported he was running and fell into a hole.  There is no evidence his laceration was the result of hostile action.  These medical records were previously considered by the Board;

	b.  orders for award of the Combat Infantryman Badge, Army Commendation Medal, and Army Achievement Medal.  These orders were previously considered by the Board; and

	c.  two certificates of achievement.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130004973 on 22 October 2013.

2.  The applicant provided a certificate of achievement, dated 22 January 1990, for outstanding performance during the deployment of 7th Infantry Division (Light) elements to Panama in support of Operation Just Cause.

3.  He also provided a certificate for participation in the defense and stabilization of the Republic of Panama as a member of Joint Task Force South, U.S. Southern Command, from 20 December 1989 to 20 January 1990.

4.  These certificates are new evidence that will be considered by the Board.

5.  The applicant enlisted in the Regular Army on 3 March 1980 and trained as a fighting vehicle infantryman.  On 31 March 2000, he retired in the rank of sergeant first class.

6.  His DD Form 214 does not show the Purple Heart as an authorized award.

7.  There are no orders for the Purple Heart in the available records.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify 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 AND CONCLUSIONS:

1.  The applicant contends he was wounded during the invasion of Panama on 26 December 1989.

2.  The medical documentation provided by the applicant does not show his laceration to the groin was the result of hostile action in Panama.

3.  Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart and all other awards.  The Purple Heart requires evidence to verify the wound was the result of hostile action, treatment of the wound by military medical personnel, and documentation of the wound in official records

4.  There is no evidence of record and he provides no evidence that shows he was wounded or injured as a result of hostile action in Panama.  Regrettably, there is insufficient evidence on which to base awarding him the Purple Heart or adding award of the Purple Heart to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  __X__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130004973, dated 22 October 2013.



      __________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.

ABCMR Record of Proceedings (cont)                                         AR20140001106



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ABCMR Record of Proceedings (cont)                                         AR20140001106



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