RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 April 2007
DOCKET NUMBER: AR20060013942
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. William D. Powers | |Chairperson |
| |Mr. William F. Crain | |Member |
| |Mr. Dale E. DeBruler | |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 he was injured when an improvised explosive device
(IED) exploded near his vehicle.
3. The applicant provides an LOD (line of duty) checklist; a DA Form 2173
(Statement of Medical Examination and Duty Status); a Soldier’s Rights and
Warning Statement; a DA Form 2823 (Sworn Statement); an Admission and
Treatment Statement; and copies of his medical records.
CONSIDERATION OF EVIDENCE:
1. The applicant served in Operation Iraqi Freedom.
2. After having had prior service in the Regular Army, the applicant
enlisted in the Army National Guard on 27 February 2004.
3. The applicant was ordered to active duty on 14 June 2004 and arrived in
Kuwait/Iraq on 24 November 2004.
4. On 19 May 2005, the applicant was sitting in the rear passenger seat of
a vehicle when an IED exploded. In his sworn statement, he stated the
force of the blast knocked him into the middle of the vehicle, tearing his
helmet off. By doing so, the chin strap jammed his jaws together, pushing
four of his teeth down into his gums. He also received a large burn on his
right shoulder and arm. The concussion of the blast caused temporary
hearing loss in his right ear.
5. When admitted to the medical treatment facility on 20 May 2005, the
applicant’s primary admission diagnosis was given as “shrapnel 2
side/face.” He was admitted to the 332d Air Force Theater Hospital on 21
May 2005 and discharged on 25 May 2005. Medical records dated 22 May 2005
indicate the applicant had fractured teeth. Medical records dated 23 May
2005 indicate lacerations and abrasions on his right face and right arm
were healing. Hospital discharge documents indicate he suffered a
hemathrosis (extravasation (escape, as of blood, from a vessel into the
tissues) of blood into a joint) of the right temporomandibular joint and a
hematoma (bruise) on the right arm. He was to be followed up in the dental
clinic.
6. On 28 February 2006, the applicant was released from active duty. On
30 May 2006, he was honorably discharged from the Army National Guard
and as a Reserve of the Army upon his expiration term of service.
7. Army Regulation 600-8-22 (Military Awards) provides for award of the
Purple Heart 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:
While the applicant’s injuries do not appear to have been too serious, they
were incurred as a result of hostile action and they did result in the
applicant’s hospitalization for a few days. Therefore, it appears he met
the eligibility criteria for award of the Purple Heart.
BOARD VOTE:
__wdp___ __wfc___ __ded___ 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 on 19 May 2005;
and
b. amending his DD Form 214 for the period ending 28 February 2006 to
add the Purple Heart.
__William D. Powers___
CHAIRPERSON
INDEX
|CASE ID |AR20060013942 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070426 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schwartz |
|ISSUES 1. |107.0015 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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