IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170000008 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: 29 August 2018 DOCKET NUMBER: AR20170000008 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 for correction of the records of the individual concerned. ____________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: 29 August 2018 DOCKET NUMBER: AR20170000008 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 previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart. 2. The applicant states the Purple Heart was not added to his DD Form 214. After recently speaking with a counsel, he was unaware he could request to have the award added to his DD Form 214. 3. The applicant provides copies of a photograph and letter from General C. E. V_ and his DD Form 214. 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 AR20130015728 on 8 May 2014. 2. The applicant provides a copy of a photograph as new evidence. This new evidence warrants consideration by the Board. 3. He enlisted in the Regular Army on 16 February 1989 and he served in: * Panama from 20 to 22 December 1989 * Saudi Arabia from 20 August 1990 to 19 February 1991 4. He provides the following: a. A copy of a photograph, which he states is dated January 1990. He also explains that he was being presented with the Purple Heart in this photo. (1) The photograph depicts a Soldier being patted on the shoulder by a general officer. (2) The Soldier has a medal attached to his pocket, but it is unclear what medal was affixed. b. A copy of a letter, dated 5 February 1990, wherein General C. E. V_ states he was proud to visit the applicant and to award him the Purple Heart as a participant in Operation Just Cause. 5. His military medical records show the following: a. On 21 January 1991, he injured his right thumb while playing volleyball and received medical treatment. b. On 15 January 1992, the Medical Demobilized Activity completed a Desert Shield/Storm Out-Processing Check List for the applicant. The "No" block was check for "A wound related to combat or hostile fire." c. On 15 January 1992, he underwent a medical examination for the purpose his discharge. The associated forms show he indicated that he was in good health and not taking any medication. These forms do not show that he was wounded/injured as a result of enemy action during his period of service. He was found qualified for separation. 6. He was discharged on 18 February 1992, with a general discharge. His DD Form 214 shows he completed 3 years and 3 days of active service. His DD Form 214 does not show he was awarded or authorized the Purple Heart. 7. Item 9 (Awards and Decorations) of his DA Form 2-1 (Personnel Qualification Record – Part II) does not show award of the Purple Heart. His record is also void of any orders awarding or authorizing him the Purple Heart. 8. On 24 February 1993, a DD Form 215 (Correction to DD Form 214) was issued amending his DD Form 214 by adding the Kuwait Liberation Medal. REFERENCE: Army Regulation 600-8-22 (Military Award) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states: a. The Purple Heart is awarded for a wound sustained as a result of enemy 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. (1) 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 prerequisite, but is not the sole justification for the award. (2) An example of enemy-related injuries, which clearly justify award of the Purple Heart, is an injury caused by enemy bullet, shrapnel, or other projectile created by enemy action or an injury caused by an enemy placed trap or mine. (3) Any member of the Army who believes that they are eligible for the Purple Heart but through unusual circumstances no award was made, must submit an application, and include documentation pertaining to the wound and inflicting force. Statements from at least two individuals (notarized) who were personally present, observed the incident, and have direct knowledge of the incident. Alternatively, other official documentation may be used to corroborate the narrative. (4) Each approved award of the Purple Heart must exhibit all of the following factors: wound, injury, or death must have been the result of enemy action, the wound or injury must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the Service member's medical and/or health record. DISCUSSION: 1. The evidence of record does not include evidence that show the applicant sustained any wounds/injuries as a direct result of enemy action, received medical treatment, and that treatment was made a matter of official record. The copy of the photograph he provided did not clearly show him being awarded the Purple Heart. Other than the letter from a general officer, there is no evidence suggesting that he met the criteria for award of the Purple Heart. 2. By regulation, to be awarded the Purple Heart, it is necessary to established that a Soldier was wounded or injured in action. There must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that medical personnel treated the wound, and a record of this treatment must have been 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) AR20170000008 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000008 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2