RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 OCTOBER 2005 DOCKET NUMBER: AR20050001608 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Carl W. S. Chun Director Ms. Deborah L. Brantley Senior Analyst The following members, a quorum, were present: Mr. John Meixell Chairperson Mr. James Gunlicks Member Ms. Jeanette McCants Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Purple Heart. 2. The applicant states that his convoy was ambushed. A vehicle hit an explosive device and the noise and concussion caused an injury to his right ear, perforating his ear drum. 3. The applicant provides no evidence. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Army for 4 years on 8 November 2000. He was trained in MOS (military occupational specialty) 88M, motor transport operator. In April 2001 he was assigned to Fort Stewart, Georgia. He was promoted to pay grade E-4 on 1 November 2003. 2. On 22 July 2004 orders were published by Headquarters, 3d Infantry Division and Fort Stewart reassigning the applicant to the transition center for transition processing with a reporting date and separation date of 16 August 2004. The orders show that he was authorized disability severance pay and that his percentage of disability was zero percent. The order indicated that his disability was not based on an injury or disease received in line of duty as a direct result of armed conflict or caused by an instrumentality of war and in line of duty during a war period as defined by law. The order also stated that the applicant’s disability did not result from a combat related injury. 3. The applicant was discharged with disability severance pay of $13,814.40 at Fort Stewart on 16 August 2004. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he served in Iraq from 21 January 2003 through 26 August 2003, and that he was awarded the Presidential Unit Citation, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Army Lapel Button, and Combat Infantryman Badge. It does not show award of the Purple Heart. 4. Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained 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. DISCUSSION AND CONCLUSIONS: 1. There is no evidence and the applicant has not provided any to show that he was wounded as a result of hostile action. While the Board has no reason to dispute his contention, there is simply no evidence to support his request. 2. Consequently, he is not entitled to award of the Purple Heart. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __JM____ __JG ___ __JM ___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ______John Meixell________ CHAIRPERSON INDEX CASE ID AR20050001608 SUFFIX RECON YYYYMMDD DATE BOARDED 20051020 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 107.00 2. 3. 4. 5. 6.