RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 OCTOBER 2006
DOCKET NUMBER: AR20060002219
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. Rene’ R. Parker | |Analyst |
The following members, a quorum, were present:
| |Mr. John Meixell | |Chairperson |
| |Mr. Peter Fisher | |Member |
| |Mr. Rowland Heflin | |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 on 3 June 2003 he and another Soldier were in a
convoy of eight Heavy Equipment Transporter (HET) Vehicles in route to Camp
Dogwood. Prior to entering Camp Dogwood, the applicant states that his
vehicle lost air pressure to the brake system and he exited the vehicle to
repair the air leak. After repairing the air leak, he attempted to get
down from the vehicle platform and fell approximately 9 feet and hit the
asphalt head first. The applicant states he suffered two cuts to his upper
lip, contusion to the forehead, laceration to the nose, a cut to the inside
of his lower lip, and a fractured scaphoid bone on his right wrist. The
applicant admits that he was first treated at the Troop Medical Center at
Camp Dogwood but, later surgery was performed on his right wrist at Brooke
Medical Center, San Antonio, Texas.
3. The applicant does not provide any additional documentation in support
of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant’s record shows he enlisted in the United States Army
Reserve on 22 August 2000. On 11 February 2003 the applicant was ordered
to active duty in support of Enduring Freedom.
2. The DA Form 2173 (Statement of Medical Examination and Duty Status),
dated 11 February 2004, shows that the applicant was examined on 3 June
2003 for an injury to his right wrist scaphoid bone, lower lip laceration,
and forehead. The form verifies that the applicant complained of right
wrist pain, lower lip laceration and forehead contusion after falling head
first from a HET onto an asphalt roadway on 3 June 2003, at Camp Dogwood,
Iraq. The commander determined that the applicant’s injury was incurred in
the line of duty.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
(Certificate of Release or Discharge from Active Duty) does not show award
of the Purple Heart. The applicant's military service records do not
contain any general orders awarding him the Purple Heart.
4. There is no documentation in the available records which shows that the
applicant sustained wounds or was treated for wounds incurred as a result
of hostile action.
5. 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 by a medical officer, and the medical treatment must have been
made a matter of official record.
DISCUSSION AND CONCLUSIONS:
There are no general orders available which awarded the applicant the
Purple Heart. There are no medical records available which show the
applicant was wounded or treated for wounds as a result of hostile action
during his service in Iraq. Additionally, by the applicant’s own
admission, and verified by the “Statement of Medical Examination and Duty
Status,” he fell head first from a HET onto an asphalt roadway. Therefore,
in the absence of medical records supporting the applicant's contention,
there is an insufficient basis for award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JM ___ __PF ___ ___RH __ 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 |AR20060002219 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20061017 |
|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. | |
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