Search Decisions

Decision Text

ARMY | BCMR | CY2005 | 20050005892C070206
Original file (20050005892C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2005
      DOCKET NUMBER:  AR20050005892


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 he was wounded on 22 September 2003 when an "IED"
[Improvised Explosive Device] exploded hitting the windshield and
shattering it into his face.  He continues that he received several
lacerations and minor bruising to his face and that glass fragments were
removed from his eyelids by his ambulance partner.  The applicant concludes
that his eyes were examined at the clinic and that he was informed he would
receive a Purple Heart.

3.  The applicant provides a copy of Standard Form 600 (Chronological
Record of Medical Care – Medical Record), dated 22 September 2003 and a
copy of his DD Form 214 (Certificate of Release or Discharge from Active
Duty) with a separation date of 28 March 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Arkansas Army National Guard.

2.  The applicant's DD Form 214 shows he was ordered to active duty on
10 February 2003 in support of Operation Enduring Freedom.  This form also
shows he was assigned to the 296th Medical Ambulance and served in Iraq for
the period 7 April 2003 through 9 February 2004.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons
Awarded or Authorized) of his DD Form 214 does not show award of the Purple
Heart.

4.  The applicant's military service records do not contain any general
orders awarding him the Purple Heart.

5.  The applicant submitted a copy of Standard Form 600 which shows that he
was treated by medical personnel on 22 September 2003.  This form
specifically shows that an improvised explosive device exploded which
resulted in glass fragments wounds to the applicant's face, the wound was
treated, and was made a matter of official record.




6.  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.

7.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his DD Form 214.

8.  The applicant's service records contain Headquarters, Support Squadron,
3d Armored Cavalry Regiment Permanent Order 212-001, dated 31 July 2003,
awarding the applicant the Driver's Badge (Wheel) for the period of service
from 20 May 2002 through 19 May 2003.

9.  The applicant's service records also contain a 296th Medical Company
memorandum, dated 26 March 2004, wherein the applicant was awarded in
accordance with Executive Order 132389, the Global War on Terrorism
Expeditionary Medal for the period of service from 7 April 2003 through
9 February 2004.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Purple Heart for wounds
received to his face caused by an improvised explosive device.

2.  Evidence does show the applicant was injured while in Iraq as a result
of hostile action (IED), the wound required treatment, and the treatment
was made a matter of official record.  Therefore, there is basis to award
him the Purple Heart.

3.  Evidence of record shows that the applicant was awarded the Driver's
Badge (Wheeled) for his period of service 20 May 2002 through 19 May 2003.
Therefore, he is entitled to correction of his records to show this badge.

4.  Evidence of record also establishes that the applicant is entitled to
award of the Global War on Terrorism Expeditionary Medal for his service in
Iraq for the period 7 April 2003 through 9 February 2004.  Accordingly, he
is entitled to correction to his separation document to show this award.



5.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

_JNS____  __KWL___  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  __LDS___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence is sufficient as a basis for
correction of the records of the individual concerned to show award of the
Purple Heart.

2.  In addition to award of the Purple Heart, the Board determined that the
records of the individual concerned should also be corrected to show award
of the Global War on Terrorism Expeditionary Medal and the Driver's Badge
(Wheeled).




                                     ___John N. Sloan______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050005892                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY with Admin Note                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  61   |107.0015/PH                             |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2008 | 20080014076

    Original file (20080014076.txt) Auto-classification: Denied

    The applicant states, in effect, that he should have been awarded the Purple Heart after his convoy was attacked on 7 December 2003 in Abu Ghraib, Iraq leaving him with permanent hearing damage. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), DA Form 2173 (Statement of Medical Examination and Duty Status), DD Form 2215E (Reference Audiogram), DA Form 2823 (Sworn Statement) in support of his application. There is no evidence in the...

  • ARMY | BCMR | CY2006 | 20060009824

    Original file (20060009824.txt) Auto-classification: Approved

    The applicant states that the Purple Heart was not entered on his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant also submits two DA Forms 2823, dated 15 June 2005, in which the applicant and another service member of the 223rd Transportation Company state that on 11 June 2005, the truck they were driving was hit by an IED, roadside bomb, that had exploded. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2008 | 20080014669

    Original file (20080014669.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant submitted a copy of a DA Form 4187, dated 15 December 2003, wherein a personnel action was requested by his commander to award him the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Purple Heart he received for being wounded in action on 10 December 2003 to his DD Form 214 and by providing...

  • ARMY | BCMR | CY2009 | 20090000112

    Original file (20090000112.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart. There is no evidence the applicant was awarded the Purple Heart while he served in Iraq.

  • ARMY | BCMR | CY2006 | 20060014765

    Original file (20060014765.txt) Auto-classification: Approved

    The applicant requests correction of his military records to show award of the Purple Heart for wounds sustained in Iraq. The applicant states that on 6 November 2003, he received an injury to his right ankle from an improvised explosive device when it detonated while he was clearing a road in Iraq. 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 injuries received as a result of...

  • ARMY | BCMR | CY2005 | 20050001568C070206

    Original file (20050001568C070206.TXT) Auto-classification: Approved

    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

    Original file (20050001568C070206.doc) Auto-classification: Approved

    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 | 20070006232

    Original file (20070006232.TXT) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 October 2007 DOCKET NUMBER: AR20070006232 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. He further states that subsequent to his injury, he completed a witness statement at the unit Aid Station and that his unit's operations noncommissioned officer in charge (NCOIC) told him he would be awarded the Purple...

  • ARMY | BCMR | CY2007 | 20070018776

    Original file (20070018776.txt) Auto-classification: Approved

    The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), with the period ending 13 December 2006; a Standard Form (SF) 600 (Chronological Record of Medical Care), dated 27 March 2005; an undated Serious Incident Report; a DA Form 2173 (Statement of Medical Examination and Duty Status), dated 30 March 2005; two DA Forms 2823 (Sworn Statement), with dates 28 March 2005 and 31 March 2005; an undated memorandum from the 467th Engineer Battalion; two DA Forms...

  • ARMY | BCMR | CY2008 | 20080001480

    Original file (20080001480.txt) Auto-classification: Denied

    The applicant states, in effect, that he should be awarded the Purple Heart because he suffered traumatic brain injuries. There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart. The examiner noted that the applicant's service medical records showed he was treated for migraine headaches and tension-type headaches during his period of service.