IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20170004767 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: 26 September 2018 DOCKET NUMBER: AR20170004767 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: 26 September 2018 DOCKET NUMBER: AR20170004767 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 award of the Purple Heart. 2. The applicant states that nobody submitted a request for award of the Purple Heart after his injury in Desert Storm. He received treatment for his injury at Davies Mountain Air Force Base after he returned from overseas. When he asked about his awards, he was told that a fire destroyed a lot of the paper work, including his incident report. Additionally, he did not receive a DD Form 214 (Certificate of Release or Discharge) for his period of mobilization. 3. The applicant provides copies of: * Self-authored incident report, undated * Letter of Instruction, dated 19 May 1991 * DA Form 2173 (Statement of Medical Examination and Duty Status), dated 21 May 1991 * Department of Veterans Affairs (VA) Veterans Application for Compensation or Pension) * Letter of Instruction, dated 25 September 1991 * U.S. Total Army Personnel Command Memorandum (Physical Disability Separation), dated 20 July 1993 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. On 17 November 1990, the applicant, an Army National Guard (ARNG) Soldier, was called to active duty in support of Operation Desert Storm/Desert Shield. 3. He served in Southwest Asia from 19 January 1991 through 16 May 1991. 4. A letter of instruction, published by the U.S. Army Medical Activity, Fort Huachuca, AZ, on 19 May 1991, informed the applicant's command that he was authorized continued medical care for his illness/injury; left shoulder impingement syndrome, an injury he sustained at Log Base Charlie, Iraq, on 18 March 1991, while mobilized in support of Operation Desert Storm. The applicant's period of medical treatment and convalescence was from 19 May 1991 through 31 July 1991 and he would receive his follow-up medical care at Davis-Monthan Air Force Base Hospital. 5. A DA Form 2173 shows the applicant was treated at the 312 Evacuation Hospital on 18 March 1991. The medical official who examined the applicant states he suffered a pinched left shoulder injury in Iraq on 18 March 1991. The form shows, the injury was caused when, allegedly, the applicant hit a bump while driving, causing the seat to move forward. 6. The applicant's DD Form 214 shows he was released from active duty on 12 June 1991; this form does not list the Purple Heart. 7. A letter of instruction, published by the U.S. Army Medical Activity, Fort Huachuca, AZ, on 25 September 1991, informed the applicant's command that he was authorized continued medical care for his illness/injury; pinched left shoulder injury, an injury he sustained in Saudi Arabia, on 18 March 1991. The applicant's period of medical treatment and convalescence was from 25 September 1991 through 23 November 1991 and he would receive his follow-up medical care at Davis-Monthan Air Force Base Hospital. 8. Department of the Army Order D136-8, published by the U.S. Total Army Personnel Command, on 20 July 1993 dated 20 July 1993 directed the applicant's discharge with severance pay. The orders state, "The disability did not result from a combat-related injury." 9. The application for VA benefits provided by the applicant does not include a rating determination. 10. The applicant provides an undated, self-authored incident report, wherein he states, on 17 March 1991, he was transporting JP4 fuel north to Fuel Point Kilo from Log Base Charley, Iraq. In an incident report, he reported hitting a bump. He was thrown forward and his driver's seat broke loose hitting him in left shoulder and back. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to personnel serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, who have been wounded, were killed, or who have died or may hereafter die of wounds. The injury or wound must have been incurred as the result of an act of any hostile foreign force and 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. DISCUSSION: 1. The evidence of record shows the applicant injured his shoulder when he hit a bump while driving. 2. The applicant does not meet the criteria for award of the Purple Heart because his injury was not caused as the result hostile enemy action. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170004767 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170004767 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2