RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 October 2006
DOCKET NUMBER: AR20060004979
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Ms. Melinda Darby | |Chairperson |
| |Mr. Jeffrey Redmann | |Member |
| |Mr. Ronald Gant | |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 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 that he was injured in the line of duty and did
not receive the Purple Heart.
3. The applicant provides discharge orders, dated 15 September 2004, from
the Army National Guard; a DA Form 2173 (Statement of Medical Examination
and Duty Status), dated 22 June 2004; a memorandum, dated 21 June 2004; and
a copy of his DD Form 214 for the period ending 22 September 2004.
CONSIDERATION OF EVIDENCE:
1. The applicant apparently served only in Operation Iraqi Freedom.
2. The applicant was ordered to active duty on 2 January 2004. He arrived
in Kuwait on 3 February 2004.
3. A DA Form 2173, dated 22 June 2004, states that on 9 April 2004, while
serving in Iraq, the applicant injured his knee after he jumped out of a
truck and ran with full gear to aid an injured Soldier while under fire.
However, there is no evidence which shows his injury was the result of
enemy action.
4. The applicant departed Iraq on 3 May 2004. On 22 September 2004, the
applicant was released from active duty by reason of physical disability
with severance pay (20 percent). On this date also, he was discharged from
the Army National Guard and as a Reserve of the Army.
5. Discharge orders and the applicant’s DD Form 214 state that his
disability resulted from a combat related injury as defined in Title 26,
U.S. Code Section 104.
6. The applicant’s DD Form 214 shows the National Defense Service Medal,
the Armed Forces Reserve Medal with “M” Device, the Army Service Ribbon,
and the Global War on Terrorism Expeditionary Medal as authorized awards.
7. There are no orders for the Purple Heart in the applicant's service
personnel records.
8. 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.
9. Under the provisions of Section 104, Title 26, United States Code (26
U.S.C. 104), combat related injuries cover those disabilities attributable
to the special dangers associated with armed conflict or the preparation or
training for armed conflict. The provisions of 26 U.S.C. 104 also entitles
individuals who have sustained personal injuries that are determined to be
"combat related injuries," to apply to the Veterans Administration (VA)
[currently known as the Department of Veterans Affairs]for disability
compensation which is exempt from income tax.
DISCUSSION AND CONCLUSIONS:
Although the applicant's DD Form 214 states his disability resulted from a
combat related injury, there is no evidence that his injury was the result
of enemy action. Therefore, it appears he did not meet the eligibility
criteria for award of the Purple Heart and it would not be appropriate to
add the Purple Heart to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
MD_____ _JR_____ _RG____ 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.
__Melinda Darby_______
CHAIRPERSON
INDEX
|CASE ID |AR20060004979 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20061019 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0015 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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