RECORD OF PROCEEDINGS
IN THE CASE OF: .
BOARD DATE: 26 April 2007
DOCKET NUMBER: AR20060007057
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.
Acting Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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, in effect, that his military records be corrected to show the award of the Purple Heart.
2. The applicant essentially states that he was injured as a result of hostile action while serving in Iraq, but that he was not awarded the Purple Heart.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge From Active Duty) and a portion of a DA Form 199 (Physical Evaluation Board [PEB] Proceedings) in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on
25 October 2005, the date he was released from active duty and placed on the Temporary Disability Retired List (TDRL). The application submitted in this case is dated 1 May 2006.
2. The applicant provided a portion of a DA Form 199 which was prepared on or about 24 August 2005. This document stated, in pertinent part, that the applicant was injured in April 2003 by a rollover accident of his vehicle which had been hit by a rocket-propelled grenade (RPG) in Iraq. However, Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show that he was awarded the Purple Heart. There is also no evidence in the applicants military records which shows that he was awarded the Purple Heart. The applicant did not provide any medical documentation to show that he was treated by medical personnel for wounds or injuries received in action in April 2003. There is also no evidence which shows that he was treated by a medical officer for wounds received in action, and that the medical treatment was made a matter of official record. Additionally, there is also no record at the Army Casualty and Memorial Affairs Operations Center of the United States Army Human Resources Command of the applicant ever being wounded in action.
3. 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record. This regulation also provides that there are no time limitations on requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show the award of the Purple Heart.
2. The Board does not doubt the veracity of the applicants claim to entitlement to award of the Purple Heart. However, the portion of the DA Form 199 prepared on or about 24 August 2005 which essentially stated that he was injured in a vehicle rollover accident caused by an RPG while serving in Iraq in April 2003 is not corroborated by any evidence in the available military records. There is also no record at the Army Casualty and Memorial Affairs Operation Center of the United States Army Human Resources Command of the applicant ever being wounded or injured in action. Regrettably, absent evidence that the applicant was wounded or injured in action, and that he received medical treatment for wounds or injuries received in action which was made a matter of official record, there is insufficient basis for awarding the Purple Heart to the applicant in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__WP___ __WC ___ ___DD _ 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 Powers_________
CHAIRPERSON
INDEX
CASE ID
AR20060007057
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070426
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES 1.
107.0015.0000
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