RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 March 2007
DOCKET NUMBER: AR20060009400
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.
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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 that award of the Purple Heart be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he was wounded in the right hand, his right hip, and his right leg during an enemy mortar attack on his compound in October 2003 in Iraq.
3. The applicant provides no additional documents in support of his application.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel states the applicants discharge was honorable and he served in the Iraq War with decorated service. Review of the available documentation revealed that the applicants case file did not contain the records needed to substantiate the petition.
CONSIDERATION OF EVIDENCE:
1. The applicant has served in support of Operation Enduring Freedom and Operation Iraqi Freedom.
2. The applicant enlisted in the U.S. Army Reserve on 18 February 2000. He was ordered to active duty for training (ADT) on 8 March 2000 and was released from ADT on an unknown date. The applicant was discharged from the U.S. Army Reserve on 28 November 2001.
3. The applicant enlisted in the Regular Army on 29 November 2001. He served in Iraq from 21 February 2003 through 16 February 2004 and in Afghanistan from 29 March 2005 through 2 May 2005.
4. There are no medical documents available to indicate the applicant was wounded as a result of hostile action. There are no orders which show the applicant was awarded the Purple Heart. His name is not listed on the Iraq Casualty Roster.
5. The applicant was discharged from active duty on 16 February 2006 under the provisions of Army Regulation 635-200, paragraph 14-12b for pattern of misconduct.
6. His DD Form 214 for the period ending 16 February 2006 shows the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Iraq Campaign Medal.
7. 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. This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.
8. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom (OEF). The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land. The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.
DISCUSSION AND CONCLUSIONS:
1. There are no orders which authorize award of the Purple Heart to the applicant. His name is not listed on the Iraq Casualty Roster.
2. The applicant contended that he was wounded in his right hand, his right hip, and his right leg during an enemy mortar attack on his compound in October 2003 in Iraq. However, there is insufficient evidence to support his contention. By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action, that the wound required treatment by a medical officer, and the treatment record must have been made a matter of official record.
3. Regrettably, the applicant has not met the requirements for award of the Purple Heart.
4. The evidence of record shows the applicant served in Afghanistan in support of OEF from 29 March 2005 through 2 May 2005. Based on his service in Afghanistan, he is entitled to award of the Afghanistan Campaign Medal. Therefore, this medal should be added to his DD Form 214.
5. Evidence shows that the applicants records contain an administrative error which does not require action by the Board. Therefore, administrative correction of the applicants 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:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
x______ x______ x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board determined that an administrative error in the records of the individual concerned should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Afghanistan Campaign Medal.
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CHAIRPERSON
INDEX
CASE ID
AR20060009400
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070315
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY WITH NOTE
REVIEW AUTHORITY
Mr. Schwartz
ISSUES 1.
107.0015
2.
3.
4.
5.
6.
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