RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 March 2007
DOCKET NUMBER: AR20060011195
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.
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, award of the Purple Heart (PH).
2. The applicant states, in effect, that she was injured in a combat zone in action while performing transient military duties; transporting mission supplies, ammunitions, weapons, food supplies, and hazmat mats. She states that she badly damaged her vehicle in an accident and instinctively jumped out of it because it contained hand grenades, live ammunition and a smoke bomb.
3. The applicant provides the following documents in support of her application: Photographs; Department of the Army (DA) Survey Report (DA Form 4597); United States Army Abbreviated Ground Accident Report (DA Form 285-AB-R); Separation Document (DD Form 214); Memorandum for Record; and Sworn Statements (DA Form 2823).
CONSIDERATION OF EVIDENCE:
1. The applicants military records show that she enlisted into the Army and entered active duty on 1 October 2001. She was trained in, awarded, and served in military occupational specialty (MOS) 88M (Motor Transport Operator).
2. On 31 October 2005, the applicant was honorably released from active duty (REFRAD) after completing 4 years and 1 month of active military service. The DD Form 214 she was issued at the time shows she in support of Operation Enduring/Iraqi Freedom from 19 June 2004 to 2 February 2005.
3. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document shows she earned the following awards during her active duty tenure: Army Achievement Medal; National Defense Service Medal; Iraq Campaign Medal; Global War on Terrorism Service Medal; Noncommissioned Officer Professional Development Ribbon; Army Service Ribbon; and Army Good Conduct Medal.
The applicant authenticated her separation document with her signature in Item 21 (Signature of Member Being Separated).
4. The applicants Military Personnel Records Jacket (MPRJ) contains no orders or other documents showing that she was ever wounded or injured as a direct result of hostile action, or that she was ever recommended for or awarded the PH by proper authority while serving on active duty.
5. The applicant provides a DA Form 4597, DA Form 285-AB-R, and 2 sworn statements that indicate she steered a M915A3 truck away from an oncoming convoy to allow its clear and safe passage. These documents also indicate she misjudged the width of the road causing the vehicles tires to roll toward the right shoulder into soft mud caused by rain from the night before. Being pulled into the mud, the applicant lost control of the vehicle as it went airborne up a dirt mound and landed front end first into a ditch. These documents further indicate that following the accident, the applicant was told to turn off the vehicle and get out of the truck. After exiting the vehicle, the applicant collapsed and a sergeant carried her to the rear from where she was medically evacuated to a hospital in Baghdad, Iraq where she was treated for facial lacerations.
7. Army Regulation 600-8-2 (Military Awards) prescribes the Armys awards policy. Paragraph 2-8 contains guidance on awarding the PH. It states, in pertinent part, that the PH is authorized to members who are wounded in action. It further defines a wound as an injury to any part of the body from an outside force or agent sustained in action. It also stipulates that the wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound of injury for which the PH is being awarded must have been made a matter of official record. The PH guidance contained in the awards regulation further states that accidents, to include accidental wounding, not related to or caused by enemy action clearly do not qualify for award of the PH.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that she was wounded on a combat mission and is entitled to the PH has been carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, in order to support award of the PH, there must be evidence that the wound for which the award is being made was the result of enemy action. The PH is not authorized for injuries incurred as a result of an accidents not related to or caused by enemy action. The applicant admits and the evidence that she provides confirms she was injured in a vehicle accident. There is no evidence to show that the applicant or her unit was actively engaged in combat with the enemy at the time of the applicants accident. As a result, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___MKP_ __LWR __ __REB _ 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.
_____Margaret K. Patterson____
CHAIRPERSON
INDEX
CASE ID
AR20060011195
SUFFIX
RECON
NO
DATE BOARDED
2007/03/15
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
2005/10/31
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
Completion of Required Service
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES 1.
107.0015
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6.
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