BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20090021500 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart.

2.  The applicant states:

* he received the Purple Heart and it is not on his DD Form 214
* he has the DA Form 4187 (Personnel Action) for his Purple Heart
* he was given the medal by his Brigade Commander while in Afghanistan

3.  The applicant provides a DA Form 4187 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 July 2002 and trained as an infantryman. 

2.  The applicant's DD Form 214 does not show the Purple Heart as an authorized award.

3.  There are no orders for the Purple Heart in the available records.  However, the applicant's citation for award of the Army Commendation Medal with "V" Device for heroism on 18 October 2008 in Afghanistan states the applicant "distinguished himself by dismounting under heavy enemy RPG [rocket propelled grenade], machine gun, and small arms fire, engaging the enemy from behind his disabled vehicle which was caught in the enemy's primary kill zone.  Despite numerous RPG strikes against the vehicle and accurate machine gun fire from the enemy, and his own wound, sergeant [applicant's last name] maintained suppressive fire while the rest of his crew was treated for injuries and evacuated." 

4.  In support of his claim, the applicant provided a DA Form 4187 which shows his chain of command requested the applicant be awarded the Purple Heart for wounds received in action on 18 October 2008 in Afghanistan.  This form shows the approval authority approved the request for award of the Purple Heart.   

5.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 contends he was given the Purple Heart medal by his Brigade Commander while in Afghanistan.

2.  The DA Form 4187 provided by the applicant and the applicant's citation for the Army Commendation Medal with "V" Device for heroism on 18 October 2008 in Afghanistan which show he was wounded in action on 18 October 2008 are accepted as sufficient evidence on which to amend his DD Form 214 to show award of the Purple Heart. 

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 adding the Purple Heart on his DD Form 214.  




      _______ _   _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)                                         AR20090021500





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ABCMR Record of Proceedings (cont)                                         AR20090021500



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