IN THE CASE OF:	

		BOARD DATE:	  18 December 2008

		DOCKET NUMBER:  AR20080015391 


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 that he be awarded the Purple Heart.

2.  The applicant states that while he was serving in Iraq, he was involved in an Improvised Explosive Device (IED) attack.  Since everyone else in the vehicle was in dire need of medical attention, his wound was overlooked.  Initially, he thought he was fine.  However, a couple of months later he started picking shrapnel out of his knee that was starting to surface.  He later had an x-ray of his knee which showed shrapnel. 

3.  The applicant provides his separation document (DD Form 214) and an excerpt of a Department of Veterans Affairs rating decision.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he enlisted in the Regular Army on 8 September 2004, was awarded the military occupational specialty of combat engineer, and was promoted to pay grade E-5.  He served in Iraq from 1 September 2006 to 15 November 2007.

2.  The applicant was honorably released from active duty at the expiration of his term of service on 25 January 2008.  The DD Form 214 he was issued does not show that he was awarded the Purple Heart.

3.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for wounds 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.  By the applicant's own admission, he was not treated for his shrapnel wound.  As such, he did not meet the following regulatory criteria for award of the Purple Heart in that the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record

2.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X____  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20080015391



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ABCMR Record of Proceedings (cont)                                         AR20080015391


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