IN THE CASE OF:	  

		BOARD DATE:	        21 January 2009

		DOCKET NUMBER:  AR20080016754 


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 award of the Purple Heart.

2.  The applicant states, in effect that he was wounded as a result of Improvised Explosive Devices (IED) in Iraq.

3.  The applicant provides copies of two statements from fellow Soldiers and a memorandum verifying his deployment dates and entitlement to an award of the Combat Action Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant, a former member of the Naval Reserve, enlisted in the Washington Army National Guard (ARNG) on 21 June 2004.  On 9 February 2005 he transferred to the Oregon ARNG. 

2.  The applicant was ordered to active duty in support of Operation Iraqi Freedom and he is shown to have served in Kuwait/Iraq from 4 May 2005 through 16 November 2005.

3.  An 11 September 2008 Oregon ARNG memorandum states that the applicant, a sergeant (E-5), served in Iraq with Headquarters and Headquarters Company, 3rd Battalion, 116th Cavalry Regiment from 19 September 2004 through 15 November 2005.  He was involved in hostile action and was awarded the Combat Action Badge.

4.  Sworn statements from Captain (CPT) J____ W____ L____, and Sergeant First Class (SFC) J____ W____ H____, attest to the fact that the applicant was involved in three IED attacks while serving in Iraq.  CPT L____ states that the applicant did not seek medical attention because there was no blood but does recall that the applicant had complaints of ringing in his ears after each attack.  SFC H____ states that he had to relieve the applicant of his leadership position due to problems with concentration and he believes the applicant is suffering from a traumatic brain injury (TBI).

5.  The available records do not include and the applicant has not provided any copies of any medical treatment records.

6.  Army Regulation 600-8-22 (Military Awards) states that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign force against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The available records do not contain any documentation of medical treatment for a wound incurred from hostile forces.  Further, by the statements provided, it is shown that the applicant did not obtain any medical treatment following the reported IED explosions.

2.  Based on the sworn statements provided there is no question that the applicant was involved in three IED incidents.  However, without a record of treatment for potential injuries, award of the Purple Heart is not warranted.

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)                                         AR20080016754



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ABCMR Record of Proceedings (cont)                                         AR20080016754



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