IN THE CASE OF:	  

		BOARD DATE:	        23 January 2009

		DOCKET NUMBER:  AR20080017762 


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 for his injuries received during his service in Iraq.

2.  The applicant states, in effect, that a recommendation for award of the Purple Heart was promptly forwarded through his chain of command and lost within the system for over 10 months.  He contends that with less than 2 weeks remaining until his expiration term of service he was informed that the recommendation was denied.  He points out that the company commander, the battalion commander, and the brigade commander endorsed the recommendation for the Purple Heart; however, the recommendation was disapproved by the division commander.  He cannot understand why the recommendation was denied when the criteria for the award was met.

3.  The applicant provides a VA Form 21-4138 (Department of Veterans Affairs Statement in Support of Claim), dated 8 October 2008; a Casualty Report; a DA Form 4187 (Personnel Action), dated 11 July 2006; an eyewitness statement; a photograph of a Soldier; and a letter, dated 27 October 2008, from a Member of Congress in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 19 August 1997.  He served as an infantryman in Iraq from 17 August 2005 to 30 November 2006 and was released from active duty on 20 May 2007.

2.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the Purple Heart as an authorized award.

3.  There are no orders for the Purple Heart in the applicant's service personnel records.  However, the applicant provided a Casualty Report which states that he was injured by enemy forces (suicide vehicle borne improvised explosive device) on 28 April 2006 in Iraq while performing combat patrols.  This report also states the applicant suffered shrapnel to his face and he was hospitalized for his injuries.

4.  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, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

The Casualty Report provided by the applicant which shows he was injured by enemy forces in Iraq on 28 April 2006 and was hospitalized for his injuries is accepted as sufficient evidence on which to base award of the Purple Heart in this case.

BOARD VOTE:

___x_____  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Purple Heart for wounds received in action on 28 April 2006 in Iraq; and



	b.  adding the Purple Heart to his DD Form 214.



      ________xxx_________________
       	     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)                                         AR20080017762



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ABCMR Record of Proceedings (cont)                                         AR20080017762



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