RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 March 2007
DOCKET NUMBER: AR20060013442
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Mr. John T. Meixell
Member
Mr. Roland S. Venable
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 for an injury he received during his tour of duty in Iraq.
2. The applicant states that he was a sniper in Iraq and was injured while in a cross fire with the enemy.
3. The applicant provides a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214), the front page of a recommendation for award of the Bronze Star Medal, and extracts of his medical records.
CONSIDERATION OF EVIDENCE:
1. On 14 November 2002, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 11B1O (Infantryman).
2. On 14 February 2004 the applicant was assigned for duty in Iraq as an infantryman with the 3rd Brigade Combat Team.
3. The Aeromedical Evacuation Patient Record (DA Form 3899) dated
12 November 2004, indicates that the applicant sustained a battle casualty injury when he fell two feet twisting his left ankle and breaking his fibula.
4. On 7 December 2004, the applicant's supervisor initiated a recommendation for award of the Bronze Star Medal for meritorious achievement during the period from 4 to 20 November 2004. The recommendation describes four of the applicant's achievements during this period, all involving combat action with the enemy. There is no available evidence showing that his award recommendation was approved.
5. On 13 November 2005, the applicant was honorably released from active duty. He had completed 3 years of active duty.
6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists the Army Commendation Medal (two awards), Joint Meritorious Unit Award, Navy Unit Commendation, National Defense Service Medal, Iraq Campaign Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, Combat Infantryman Badge, Driver and Mechanic Badge, and the German Army Marksmanship Badge, Bronze. It does not show award of the Bronze Star Medal or the Purple Heart.
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 time limitation on requests for award of the Purple Heart
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that the applicant was injured as a result of hostile action, while serving as an infantryman in Iraq, and was immediately evacuated for medical treatment.
2. Therefore, the applicant should be awarded the Purple Heart for injuries sustained on 12 November 2004.
BOARD VOTE:
__LDS___ __RSV__ _JTM __ 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:
a. awarding him the Purple Heart for an injury received as a result of hostile forces on 12 November 2004; and
b. showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart.
_ Linda D. Simmons____
CHAIRPERSON
INDEX
CASE ID
AR20060013442
SUFFIX
RECON
DATE BOARDED
20070322
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107.0015
2.
3.
4.
5.
6.
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