ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
	BOARD DATE:         3 April 2019 

	DOCKET NUMBER:  AR20170008859


APPLICANT REQUESTS:  Award of the Purple Heart.


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 199 (Physical Evaluation Board Proceedings)
*	Orders 202-72
*	Unclassified Message 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he was injured in 1991 on the boarder of Iraq and Saudi Arabia.

3.  Having prior service in the Regular Army, U.S. Army Reserve and Army National 
Guard (ARNG), the applicant enlisted in the ARNG on 20 May 1989.

4.  Evidence contained on his DA Form 2-1 (Personnel Qualification Record) shows he 
served in Saudi Arabia from 28 November 1990 to 26 June 1991.

5.  His records contain an Optional Form 275 (Medical Record Report), dated 22 July 
1991, in which a physician provided a narrative summary based on a physical 
examination performed on 1 August 1991, while the applicant was awaiting a Physical 
Examination Board.  The physician noted the applicant felt a sudden ripping sensation 
in his lower back approximately eight or nine months ago while he was filling sand bags 
around his bunker in Saudi Arabia.

6.  On 14 October 1992, the applicant was honorably discharged from the ARNG due to 
being found unfit for retention standards.
7.  The applicant provides a copy of his discharge orders and PEB Proceedings in 
which the applicant highlights that his disability was the result of a combat related injury.

8.  The criteria for an award of the Purple Heart requires the submission of 
substantiating evidence to verify that the injury or wound was the result of hostile action, 
the injury or wound must have required treatment by medical personnel, and the 
medical treatment must have been made a matter of official record.

BOARD DISCUSSION:

Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or 
have in his service records substantiating evidence to verify that he was injured, 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. After reviewing the application and all supporting documents, the Board found 
insufficient medical evidence to meet the regulatory standard for the Purple Heart and 
thus recommended denying the request.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 for correction of the records of the individual concerned.

	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:
1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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.

2.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is 
awarded for a wound sustained while in action against an enemy or 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 by medical personnel, 
and the medical treatment must have been made a matter of official record:
     a.  Examples of enemy-related injuries which clearly justify award of the Purple Heart 
are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by 
enemy action; injury caused by enemy placed mine or trap; injury caused by enemy 
released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft 
accident resulting from enemy fire; and/or concussion injuries caused as a result of 
enemy generated explosions.

     b.  Examples of injuries or wounds which clearly do not justify award of the 
Purple Heart include accidents, to include explosive, aircraft, vehicular, and other 
accidental wounding not related to or caused by enemy action.


ABCMR Record of Proceedings (cont)	 AR20170008859

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