RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 April 2007
DOCKET NUMBER: AR20060013933
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:
Mr. Curtis L. Greenway
Chairperson
Mr. Michael J. Flynn
Member
Mr. Edward E. Montgomery
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 correction of his military records to show award of the Purple Heart for wounds sustained in Iraq.
2. The applicant states that he was injured by an improvised explosive device while on patrol in Iraq. He further states that the request for his Purple Heart was submitted but he has never heard anything.
3. The applicant provides copies of his Personnel Action (DA Form 4187), Casualty Feeder Report (DA Form 1156), Witness Statement on Individual (DA Form 1155),Theater Medical Registry Record (MEDCOM Form 1381), and a United States Field Medical Card (DD Form 1380).
CONSIDERATION OF EVIDENCE:
1. On 21 June 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. The applicant was assigned for duty in Iraq from 8 January to 30 December 2005. He attained sergeant on 1 October 2005.
3. The applicant provides a DA Form 4187 signed by both his company and battalion commander indicating that he was wounded in action on 6 December 2005. It further indicates that his injuries were the result of an improvised explosive device that detonated. The applicant suffered shrapnel injuries to his chin. This form is missing a signature from the brigade commander and has not been approved.
4. The DD Form 1380 indicates that the applicant sustained a wound to the area of his chin, had active bleeding with swelling, with possible debris in the wound.
5. The DA Form 1156 indicates that the applicant was injured by shrapnel from an improvised explosive device at 8:30 a.m., 6 December 2005; and was evacuated to the forward operating base.
6. The DA Form 1155, dated 6 December 2005, indicates that the applicant was staying low in his truck when shrapnel from an improvised explosive device went through the left rear door window and struck him in his lower chin.
7. MEDCOM Form 1381, indicates that the applicant was wounded by an improvised explosive device. The medical treatment consisted of cleaning the wounded area and prescribing pain medication.
8. On 31 March 2006, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had completed 3 years, 9 months and 10 days of creditable active duty.
9. Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows his awards as the Army Commendation Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, and the Iraq Campaign Medal. The Purple Heart is not shown.
10. Army Regulation 600-8-22 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that the applicant was wounded on 6 December 2005 as a result of enemy action. He was medically evacuated and treated for his injuries.
2. Therefore, the applicant should be awarded the Purple Heart.
BOARD VOTE:
__EM ___ __CLG__ __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:
a. awarding him the Purple Heart for wounds received in action against a hostile force on 6 December 2005; and
b. showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart.
__ Curtis L. Greenway___
CHAIRPERSON
INDEX
CASE ID
AR20060013933
SUFFIX
RECON
DATE BOARDED
20070412
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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