RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 March 2007
DOCKET NUMBER: AR20060012189
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. Gerard W. Schwartz
Acting Director
Mr. W. W. Osborn, Jr.
Analyst
The following members, a quorum, were present:
Mr. Lester Echols
Chairperson
Ms. Linda M. Barker
Member
Mr. Michael J. Flynn
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 that he be awarded the Purple Heart.
2. The applicant states, in effect, that the record of medical treatment record shows he was treated for an enemy inflected wound.
3. The applicant provides copies of a DA Form 2173 (Statement of Medical Examination and Duty Status); his own sworn statement dated 15 January 2006; the sworn statement of his platoon sergeant; Standard Forms 600 (Chronological Record of Medical Care), dated 30 and 31 December 2006 ;and his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant, a member of the California Army National Guard, served on active duty from 16 August 2004 until 24 January 2006. This included service in Kuwait and Iraq from 28 January 2005 through 12 January 2006.
2. The DA Form 2173 and the medical records provided by the applicant show that he sustained blast effect injuries, including burns to the back of the neck, a backache and ringing in the ears from an improvised explosive device while serving as a gunner in a vehicle convoy on 30 December 2005. He was treated and released, reassessed the next day and directed to seek follow-up with the battalion surgeon.
3. The statements of the applicant and the platoon sergeant corroborate the information cited in the DA Form 2173 and the medical records.
4. The applicant was released from active duty and returned to his Army National Guard unit on 24 January 2006. The awards listed on his DD Form 214 includes the Combat Action Badge but not the Purple Heart.
5. 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. 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:
The applicant received medical treatment for injuries that resulted from enemy action and that treatment is a matter of record. He should be awarded the Purple Heart.
BOARD VOTE:
__LE ___ __LMB __ __MJF __ 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 awarding him the Purple Heart for wounds sustained as the result of enemy action on 30 December 2005.
__ Lester Echols______
CHAIRPERSON
INDEX
CASE ID
AR20060012189
SUFFIX
RECON
DATE BOARDED
20070329
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107.00
2.
3.
4.
5.
6.
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