RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 OCTOBER 2005
DOCKET NUMBER: AR20050001608
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun
Director
Ms. Deborah L. Brantley
Senior Analyst
The following members, a quorum, were present:
Mr. John Meixell
Chairperson
Mr. James Gunlicks
Member
Ms. Jeanette McCants
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Purple Heart.
2. The applicant states that his convoy was ambushed. A vehicle hit an explosive device and the noise and concussion caused an injury to his right ear, perforating his ear drum.
3. The applicant provides no evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Army for 4 years on 8 November 2000. He was trained in MOS (military occupational specialty) 88M, motor transport operator. In April 2001 he was assigned to Fort Stewart, Georgia. He was promoted to pay grade E-4 on 1 November 2003.
2. On 22 July 2004 orders were published by Headquarters, 3d Infantry Division and Fort Stewart reassigning the applicant to the transition center for transition processing with a reporting date and separation date of 16 August 2004. The orders show that he was authorized disability severance pay and that his percentage of disability was zero percent. The order indicated that his disability was not based on an injury or disease received in line of duty as a direct result of armed conflict or caused by an instrumentality of war and in line of duty during a war period as defined by law. The order also stated that the applicantÂ’s disability did not result from a combat related injury.
3. The applicant was discharged with disability severance pay of $13,814.40 at Fort Stewart on 16 August 2004. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he served in Iraq from 21 January 2003 through 26 August 2003, and that he was awarded the Presidential Unit Citation, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Army Lapel Button, and Combat Infantryman Badge. It does not show award of the Purple Heart.
4. Army Regulation 600-8-22 provides 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:
1. There is no evidence and the applicant has not provided any to show that he was wounded as a result of hostile action. While the Board has no reason to dispute his contention, there is simply no evidence to support his request.
2. Consequently, he is not entitled to award of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JM____ __JG ___ __JM ___ 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.
______John Meixell________
CHAIRPERSON
INDEX
CASE ID
AR20050001608
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20051020
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107.00
2.
3.
4.
5.
6.
ARMY | BCMR | CY2005 | 20050001608C070206
Jeanette McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides no evidence. The applicant was discharged with disability severance pay of $13,814.40 at Fort Stewart on 16 August 2004.
ARMY | BCMR | CY2006 | 20060002128C070205
Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement or period of service. A review of his OMPF did not reveal a disqualification for award of the Good Conduct Medal; therefore, in the absence of evidence to the contrary, the applicant is entitled to award of the Good Conduct Medal for the period...
ARMY | BCMR | CY2008 | 20080014660
The applicant requests correction of his military records to show award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds sustained in action against the enemy on 6 April 2003 in Iraq. __________ _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.
ARMY | BCMR | CY2009 | 20090006313
The available evidence shows the applicant suffered a shrapnel wound to his left hand as a result of enemy action, on 13 July 2003, while in Iraq and he was awarded the Purple Heart for his injury. Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant...
ARMY | BCMR | CY2006 | 20060006848C070205
The applicant's military service records contain a copy of a DA Form 4980-10 (Purple Heart) Certificate, dated 8 April 2005, that shows he was awarded the Purple Heart for wounds received in action in Iraq on 13 February 2005. The DA Form 4980-10, dated 8 April 2005, shows he was awarded the Purple Heart for wounds received in action in Iraq on 13 February 2005. He also presents evidence that he was issued two Purple Heart award certificates, dated 8 April 2005 and 3 August 2005;...
ARMY | BCMR | CY2005 | 20050001568C070206
Member Ms. Carol A. Kornhoff Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provided a Standard Form 600 (Chronological Record of Medical Care), dated 9 October 2003, which shows the applicant was treated for a puncture wound on his thumb, an injury sustained during an IED attack. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him...
ARMY | BCMR | CY2005 | 20050001568C070206
The applicant requests correction of his records to show award of the Purple Heart. The applicant provided a Standard Form 600 (Chronological Record of Medical Care), dated 9 October 2003, which shows the applicant was treated for a puncture wound on his thumb, an injury sustained during an IED attack. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart, for wounds received in action on 9...
ARMY | BCMR | CY2007 | 20070002354
The applicant provides copies of his DD Form 214, Personnel Action for award of the Purple Heart, Serious Incident Report, witness statements, Statement of Medical Examination and Duty Status (DA Form 2173), Hometown News Release Information, Theater Medical Registry Record (MEDCOM Test Form 1381), Chronological Record of Medical Care dated 15 November 2004, and reassignment orders. DISCUSSION AND CONCLUSIONS: The evidence clearly shows that the applicant suffered injuries as a direct...
ARMY | BCMR | CY2007 | 20070002185
The applicant requests correction of his military records to show award of the Purple Heart for wounds received in Iraq. He had attained the rank of sergeant, pay grade E5, and had completed 3 years and 14 days of creditable active duty during this period of active duty. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds received on or about 2 June 2004.
ARMY | BCMR | CY2009 | 20090007690
The applicant's official military personnel file does not indicate he was awarded the Purple Heart. The evidence shows the applicant sustained injuries as a direct result of hostile action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Purple Heart for wounds sustained as the result of a hostile act on 11 April 2004 while he was serving in Iraq.