ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 August 2019 DOCKET NUMBER: AR20180003977 APPLICANT REQUESTS: reconsideration of his previous request for award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * University of Missouri School of Law Veterans Clinic brief * Commander’s recommendation for award and narrative for Soldier’s Medal * Medical Record from October and November 1991 * Applicant’s sworn affidavit * New York Times Article * Board denial of Purple Heart, 2007 FACTS: 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 AR20070003689 on 14 August 2007. 2. The applicant states he is asking for reconsideration of his previous request for the Purple Heart. 3. The applicant provided: a. A brief from the University of Missouri School of Law Veterans Clinic on his behalf as submitted by Senator X___. The brief references errors they believe were in the initial denial. The brief outlined the Army Regulation 600-8-22-1-17(d), entitlement and differs from all other awards and the criteria in section 2-8(b). b. A copy of the commander’s recommendation for award and narrative for the Soldier’s Medal. The applicant was recommended for wounds suffered during the Desert Storm Combat Operation as a result of enemy scud missile fire. The applicant sustained injuries from flying debris after the compound took a direct hit. c. Excerpts from his medical records for separate visits to the medical clinic for a knee injury he sustained in Saudi. The record references the applicant was in constant pain and was recommended for surgery but was unsure at the time. He would now like to be considered for repair surgery. d. Self-authored sworn affidavit requesting reconsideration of the Purple Heart. He recounts the events from 25 February 1991, he states another siren signifying another SCUD went off as he made his way into the Arabic Store. About 10 seconds later, he was blown backwards into the store hitting the wall, then the floor and shelving fell on top of him. He states his ears were ringing as he placed his gas mask on and made his way to the door; his adrenaline pumping. He looked out and there was debris everywhere and a Soldier screaming and looking for his gas mask. He ran over and covered his head and led him to the barracks that were still intact to get his gas mask. When he came back out, the all-clear signal was given. Once he removed his mask things looked a lot worse than before. The SCUD was intercepted by the Patriot over the barracks, and the debris had rained down all over. One of the barracks was skeletonized and the transitional tents were rubble and blown everywhere from the blast. He heard live ammo going off, he loaded a round in the chamber and crouched down in a prone position. On the wall there was movement so he aimed and screamed halt but he noticed they were civilians and below there were Soldiers, attending to some wounded where the tent are had been. He states there was a Soldier with a head wound so he strapped his weapon on and headed over to help him. He took him to the wall and ran back to find and help more wounded. Sitting against a beam was a Soldier with an arm missing from the bicep down. He placed a tourniquet on his arm and a “T” on his forehead and helped him to the wall. He went back in but more soldiers showed up and helped. There was screaming and people everywhere. Some wandering, some lying motionless and rounds still going off from the fire. He states he pulled a total of seven Soldiers out of the rubble and debris and it seemed like hours but it was only thirty or forty-five minutes and then help finally arrived. He states each injured Soldier seemed worse than the next. They were walking around in socks, moaning and weeping from pain or loss. Things were burning all around and people were shouting “Where are the firetrucks? Where are the ambulances? Where are the medics?” He states they placed the wounded away from the live rounds. Some were missing body parts; others did not move for what seemed like an eternity. He states he came upon a sleeping bag and looked inside, there was a Soldier looking back at him. It was the female Soldier who had been sitting next to him in the movies the night before. She was looking at him with a blank stare. She was motionless with the expressionless face, she was dead. He states his knee hurt and when he looked down it was the size of a soft ball. It was injured from the blast but the adrenaline was pumping causing him to not even notice he had been injured. He felt the pain now and sat down a few yards from the sleeping bag. At this point the medics started to treat him. They gave him a shot in his knee and because he started to doze off he believes it was a sedative. He was taken to a field hospital on the coast. He was there for three to four days, and then returned back to his unit. When he returned to his unit, things were still in disarray. Members of his unit came up to him with a bunch of different stories as to what had happened to him. Some thought he was dead, and some thought he had been burned beyond recognition. On 4 April 1991, Captain X___ recommended him for the Soldier’s Medal because of his actions saving soldier on 25 February 1991. e. An article from The New York Times published 26 February 1991, that talks about the attack in the Persian Gulf. It states one person killed and eighty-five wounded. f. His previous request to the Army Review Board for Correction of Military Records for the Soldier’s Medal and Purple Heart, dated 14 August 2007. g. The Board denial letter dated 20 August 2007. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 27 September 1990. b. His DA Form 2-1 (Personnel Qualification Record) shows in: * item 5 (Overseas Service) shows he served in Southwest Asia from 11 January 1991 to 15 May 1991 * item 9 (Awards and Decorations & Campaigns) the Purple Heart is not listed as an authorized award * item 35 (Record of Assignments) shows he was assigned to 475th Quartermaster (Provisional) Company Southwest Asia from 11 January 1991 to 15 May 1991, in duty MOS 88M c. On 23 September 1992, he was discharged in lieu of trial by court-martial. His service was characterized as under other than honorable conditions. His DD Form 214 shows he completed 1 year, 11 months, and 27 days of active service. His DD Form 214 also shows he was awarded or authorized: * Army Service Ribbon * Kuwait Liberation Medal * National Defense Service Ribbon * Southwest Asia Service Medal * Marksman Qualification Badge Rifle (M-16) * Sharpshooter Qualification Badge with Hand Grenade d. His medical records are not available for review with this case and there is no record the applicant sustained wounds as a result of hostile action or treatment for wounds sustained as a result of hostile action. e. There are no general orders in the applicant’s record to show he was awarded the Purple Heart. (the Army began using Permanent Orders, instead of General Orders right after the Vietnam War. The words general orders were no longer used in 1992) f. On 4 April 1991, Captain X_ recommended the applicant for award of the Soldier’s Medal. The narrative read: "[The applicant] is recognized for wounds suffered during the Desert Storm combat operations as a result of enemy SCUD missile fire. On 25 February1991, the 475th Transportation Company's (Provisional) compound took a direct hit to the barracks warehouse. Among the destruction and debris were many severely wounded and some deceased Soldiers. He began to pull injured Soldiers from the wreckage using cots, sleeping bags and blankets. He continued rescuing Soldiers from the warehouse debris, moving them to safety, until he sustained knee injuries. He continued to demonstrate compassion for other severely wounded Soldiers without regard for his personal safety until the immediate crisis subsided. [the applicant's] sacrifice reflects great credit on the 240th Quartermaster Battalion and the U.S. Army." The form is void of approval signatures awarding the Soldier’s Medal. g. On 20 August 2007, the Board determined that the evidence presented did not demonstrate the existence of probable error or injustice. The Board denied his request for award of the Purple Heart and Soldier’s Medal. 5. By regulation (AR 600-8-22), 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, and the medical treatment must have been made a matter of official record. The fact that an Individual was participating in direct or indirect combat operations ·is a necessary prerequisite, but is not sole justification for award of the Purple Heart. The applicant was injured by the floor and shelving fell on top of him; not as a direct result of enemy action. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. Based upon the preponderance of the evidence, the Board agreed he did not meet regulatory guidance for entitlement to the Purple Heart as the applicant’s injury was as a result of an accident versus the requirement of the injury being related to combat with an armed enemy. 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. REFERENCES: 1. Army Regulation (AR) 672-5-1 (Awards), in effect at the time, prescribes policies and procedures for military awards and decorations, to include the Purple Heart (PH). a. The Purple Heart is limited to members of the Armed Forces of the United States (U.S.) who, while serving under component authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may hereafter die after being wounded— * in any action against an enemy of the U.S * in any action with an opposing armed force of a foreign country in which the Armed Forces of the U.S. are or have been engaged * while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the U.S. is not a belligerent party * as the result of an act of any such enemy of opposing Armed Forces * as the result of an act of any hostile foreign force b. A Purple Heart is authorized for the first wound suffered under conditions indicated above. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above. A physical lesion is not required, provided the concussion or other form of injury is directly due to enemy, opposing armed force, or hostile foreign force action. It is not intended that such a strict interpretation of the requirement for the wound/injury to be caused by direct result of hostile action be taken which would preclude the award being made to deserving personnel. For example: In a case such as an individual injured while making a parachute landing from an aircraft that had been brought down by enemy fire; or, an individual injured as a result of a vehicle accident caused by enemy fire, the decision will be made in favor of the individual and the award will be made. c. A wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action as described above must have been made a matter of official record. 2. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that: a. 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, and the medical treatment must have been made a matter of official record. The fact that an Individual was participating In direct or indirect combat operations ·is a necessary prerequisite, but is not sole justification for award of the Purple Heart. b. U. S. Total Army Personnel Command (PERSCOM) Message date time group 171226Z January 1991, Subject: Delegation of Wartime Award Approval Authority, provided special guidance for Operation Desert Storm. It stated, “Division commanders in the grade of major general who had troops committed to the combat operation and hospital commanders receiving casualties could award the Purple Heart to Soldiers who were wounded as the direct result, repeat, direct result of enemy action.” //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180003977 6 1