IN THE CASE OF: BOARD DATE: 12 November 2008 DOCKET NUMBER: AR20080014076 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, in effect, award of the Purple Heart for injuries sustained while serving in support of Operation Iraqi Freedom. 2. The applicant states, in effect, that he should have been awarded the Purple Heart after his convoy was attacked on 7 December 2003 in Abu Ghraib, Iraq leaving him with permanent hearing damage. 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), DA Form 2173 (Statement of Medical Examination and Duty Status), DD Form 2215E (Reference Audiogram), DA Form 2823 (Sworn Statement) in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant's records show that he was ordered to active duty in support of Operation Enduring Freedom/Iraqi Freedom on 24 January 2003 in military occupational specialty (MOS) 63B (Light Wheel Vehicle Mechanic). The highest rank he attained while serving on active duty was specialist (SPC)/E-4. 2. On 9 May 2004, the applicant was honorably released from active duty after completing a total of 1 year, 3 months, and 9 days of active military service and transferred to a unit within the California Army National Guard. The DD Form 214 he was issued shows he earned the following awards: the Army Commendation Medal, the Marine Corps Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary Service Medal, the Global War on Terrorism Service Medal, the Armed Forces Reserve Medal with "M" Device, the Army Service Ribbon, the Overseas Service Ribbon (2nd award), and the Sea Service Deployment Ribbon. 3. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the Purple Heart. 4. The applicant submitted a copy of his DA Form 2173, dated 21 April 2004 which shows that the applicant was examined on 19 April 2004 for an accident that occurred in Abu Ghraib, Iraq when an IED (improvised explosive device) exploded by the vehicle [2 1/2 Ton truck] that the applicant was driving, but it does not show in Item 10 the nature or extent of the injury the applicant incurred. 5. The applicant submitted a copy of his DD Form 2215E, dated 19 April 2004 which shows that he had a hearing exam on that date that shows that he was routinely exposed to noise. 6. The applicant submitted two pages of a three paged sworn statement in which he indicates, in effect, that on 7 December 2003 his vehicle was directly targeted by an IED while he was on a military supply route. He states that since that day he has had ringing in his ears and has noticed a hearing loss. He also states that his vehicle was hit on the front and driver sides and that he was a passenger in the truck. 7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 by medical personnel, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention and submissions to include his sworn statement giving details of his injury as a result of an IED were carefully considered but was found to be insufficient in evidence to support award of the Purple Heart. 2. There is no evidence in the applicant's record nor did the applicant submit any evidence that shows he was wounded or injured as a result of hostile action or that he was treated for such wounds sustained immediately following an IED explosion on 7 December 2003 while deployed in support of Operation Enduring Freedom and Iraqi Freedom. The applicant submitted a DA Form 2173, dated 21 April 2004 which shows that an IED exploded near his vehicle, but it does not show that he was injured in the explosion. The applicant submitted a document that shows he had a hearing test after his redeployment, but he did not submit any evidence that shows he received any medical treatment immediately following the explosion. In the absence of such evidence, there is insufficient basis to grant award of the Purple Heart in this case. BOARD VOTE: ________ ________ ________ 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 that 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. ABCMR Record of Proceedings (cont) AR20080014076 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1