RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 February 2007
	DOCKET NUMBER:  AR20060009824 


	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



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 award of the Purple Heart.

2.  The applicant states that the Purple Heart was not entered on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He was wounded in action on 10 June 2005 in Baghdad, Iraq, while serving with the 223rd Transportation Company.

3.  The applicant provides copies of his LILM Form 558, two DA Forms 2823 (Sworn Statement), his DA Form 4187 (Personnel Action), his DD Form 2697 (Report of Medical Assessment), and his DD Form 214, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the United States Army Reserve (USAR), as a warrant officer one, on 23 August 1996, with prior enlisted service.  He was promoted to chief warrant officer three on 22 August 2004.

2.  The applicant entered on active duty on 7 June 2004, in support of Operation Iraqi Freedom.

3.  The applicant submits his LILM Form 558, dated 11 June 2005, indicating his assessment at a medical center for right arm pain and numbness due to an improvised explosive device (IED) blast.  The applicant was given quarters for 48 hours and prescribed medications, as provided.

4.  The applicant also submits two DA Forms 2823, dated 15 June 2005, in which the applicant and another service member of the 223rd Transportation Company state that on 11 June 2005, the truck they were driving was hit by an IED, roadside bomb, that had exploded.  The IED exploded blowing dirt, gravel, and glass in the applicant's face.  The applicant was thrown back and his seatbelt caught and held him in place.  As the applicant tried to right himself, he realized his right arm, from the elbow to the fingers, would not work and glass was stuck in his face and hands.  They proceeded up the road and called the convoy commander to tell him that they were hit, but were moving, and had moderate damage.  They proceeded onto Camp Anaconda and the medical center.

5.  The applicant further submits a DA Form 4187, dated 15 June 2005, indicating a recommendation for award of the Purple Heart.  The remarks section states that the applicant was riding in a convoy when his truck hit an IED, which pushed the passenger door in and broke the windshield.  This resulted in injury of the applicant's right arm and glass in his face.  The recommendation requested the applicant be awarded the Purple Heart in accordance with Army Regulation 600-8-22, paragraph 2-8b(4)(b).

6.  The applicant also submits a DD Form 2697, dated 27 July 2005, in which he stated that he had a chipped bone in his right elbow, ganglion cyst on his right wrist, and ringing in his ears.  He stated that he was taken to the medical center at Camp Anaconda.

7.  The applicant was released from active duty on 22 August 2005 and transferred to a USAR troop program unit.  The DD Form 214, Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbon Awarded or Authorized), lists the following awards:  the Distinguished Flying Cross, the Bronze Star Medal (2nd Award), the Meritorious Service Medal, the Air Medal (17th Award), the Army Commendation Medal (3rd Award), the Army Achievement Medal, the Army Reserve Components Achievement Medal
(6th Award), the National Defense Service Medal (3rd Award), the Global War on Terrorism Service Medal, the Iraq Campaign Medal, the Vietnam Service Medal, the Armed Forces Reserve Medal with Ten Year Device (2nd Award), the Armed Forces Reserve Medal with "M" Device (2nd Award), the Armed Forces Reserve Medal, the Non-Commissioned Officer's Professional Development Ribbon with Numeral 3, the Army Service Ribbon, the Overseas Service Ribbon, the Army Reserve Components Overseas Training Ribbon (3rd Award), the Republic of Vietnam Campaign Medal, the Aircraft Crewman Badge, and the Driver and Mechanic Badge with Driver-W Bar.  The Purple Heart is not included in this list of authorized awards.

8.  There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There is also no evidence in his records that he was wounded or treated for wounds as a result of hostile action and the treatment was made a matter of official record.  

9.  A staff member of the Casualty Operations Division, Human Resources Command, Alexandria, Virginia, verified that the applicant was involved in an IED roadside bombing on 11 June 2005 in the area outside of Baghdad, Iraq.

10.  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 an enemy or as a result of hostile action to include injury caused by enemy placed 
IEDs.  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 is entitled to award of the Purple Heart.  The evidence of record shows that he was injured in an IED blast on 11 June 2005, in Iraq, and the incident was made a matter of official medical record.  Therefore, he is entitled to this award.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

_DED___  _WFC___  __HOF__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Purple Heart for wounds received as a result of enemy action in Iraq on 11 June 2005 and by providing him a correction to his separation document that includes this award.



      __
                CHAIRPERSON




INDEX

CASE ID
AR20060009824
SUFFIX

RECON

DATE BOARDED
20070213
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.15
2.

3.

4.

5.

6.



ABCMR Record of Proceedings (cont)                                         AR20060009824


4


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508