RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 September 2006
DOCKET NUMBER: AR20060002212
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 |
| |Mrs. Victoria A. Donaldson | |Analyst |
The following members, a quorum, were present:
| |Mr. William F. Cain | |Chairperson |
| |Mr. Jeffrey C. Redmann | |Member |
| |Mr. David W. Tucker | |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 he was injured in Iraq.
3. The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) in support of this application.
CONSIDERATION OF EVIDENCE:
1. Records show the applicant entered active duty on 26 August 2003. He
was deployed for service in Iraq during the period June 2004 through
September 2004.
2. The applicant was medically evacuated for progressive low back pain
with left leg weakness, parasthesia [A skin sensation, such as burning,
prickling, itching, or tingling, with no apparent physical cause.], and
atrophy.
3. The applicant's records contain a Physical Disability Information
Report, dated 13 October 2005, which shows that the applicant's disability
was not as a direct result of war, was not incurred in the line of armed
conflict, or caused by an instrumentality of duty during a war period as
defined by law. This form further shows that the applicant's disability
was not sustained from a combat related injury as defined in Title 26,
United States Code.
4. The applicant's records contain Medical Evaluation Board (MEB)
Proceedings, dated 19 August 2005, which shows that the applicant was
diagnosed with a Mood Disorder, Post-Traumatic Stress Disorder, Lumbar
Spondlyosis [Degeneration of the spinal column, especially a fusion and
immobilization of the vertebral bones.], failed back syndrome, and
bilateral renal cysts. The MEB referred the applicant to a PEB based on
his medical condition.
5. The applicant's records contain Physical Evaluation Board (PEB)
Proceedings, dated 16 September 2005. The PEB concluded that the
applicant's medical condition precluded his performance of duty in his
grade and specialty. The PEB further concluded that the applicant was
physically unfit and recommended a combined disability rating of 10
percent.
6. The PEB further determined that the applicant's disability did not
result from a combat related injury.
7. On 15 December 2005, the applicant was separated from active duty under
the provisions of paragraph 4-24b(3) of Army Regulation 635-40 (Personnel
Separations) for disability.
8. The applicant's DD Form 214 does not show that he was awarded the
Purple Heart.
9. The applicant records do not contain general orders which authorized him
award of the Purple Heart.
10. There is no evidence in the available records which show that the
applicant sustained wounds as a result of hostile action or that he was
treated for such wounds.
11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound sustained while in
action against and 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, and the medical
treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the Purple Heart
for wounds sustained while in combat in Iraq.
2. Although the applicant's records show that he was medically evacuated
from Iraq, medical evidence shows that his injuries were not sustained as a
result of hostile action.
3. There is no evidence in the available records and the applicant has not
provided sufficient evidence showing that he sustained wounds as a result
of hostile action or that he was treated for such wounds. Therefore, there
is no basis to grant the applicant's request for award of the Purple Heart
in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_JCR___ _DWC___ _WFC___ 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.
__William F. Crain__
CHAIRPERSON
INDEX
|CASE ID |AR20060002212 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060921 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |(NC, GRANT , DENY, GRANT PLUS) |
|REVIEW AUTHORITY | |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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