RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 April 2007
DOCKET NUMBER: AR20060014741
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.
x
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 he received shrapnel wounds to the wrist as a result of enemy action on 9 September 1993, while conducting road block removals in Mogadishu, Somalia. He further states that his first priority at the time was to get his machine gunner who had been shot in the shoulder back to camp for treatment and that he received treatment for his wrist for several weeks. He further states that in his unit at the time, unless you were shot or had run over a land mine, your injuries were treated back at camp and were not written up.
3. The applicant provides a copy of his report of separation (DD Form 214), a copy of his retirement orders, a copy of orders deploying him to Somalia on 23 August 1993 in support of Operation Restore Hope, a copy of an unsigned recommendation for award of the Army Commendation Medal with V Device with unsigned supporting statements, and a copy of his Personnel Qualification Record (DA Form 2-1).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the United Sates Army Reserve (USAR) under the delayed entry program (DEP) on 18 October 1978. He enlisted in the Regular Army on 5 July 1979 and remained on active duty through a series of continuous reenlistments. He was promoted to the pay grade of E-7 on 1 July 1993.
2. On 10 August 1993, he deployed to Somalia in support of Operation Restore Hope and remained there until 24 January 1994. He was subsequently assigned to Saudi Arabia and Bosnia.
3. He was promoted to the pay grade of E-8 on 1 May 1998 and on 31 July 2001, he was honorably released from active duty and was transferred to the Retired List effective 1 August 2001.
4. The applicants medical records were not available to the Board for review; however, the available records fail to show that the applicant was wounded as a result of enemy action or that he received treatment for such wounds. There is no evidence to show that he was ever awarded the Purple Heart.
5. The unauthenticated documents provided by the applicant vary somewhat as to what the applicants injuries were. The unsigned statements indicate that the applicant had a concussion, a left arm cut open, and a cut wrist.
6. 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:
1. While the Board does not doubt the veracity of the applicants claim that he was injured in Somalia, he has failed to show through the evidence submitted and the evidence of record, sufficient substantiating evidence to show that his injuries were the result of enemy action and that the treatment of those injuries were made a matter of record.
2. Therefore, in the absence of such evidence, there appears to be no basis to award him the Purple Heart at this time.
3. The supporting documents submitted by the applicant have been noted; however, none of those documents are authenticated by signature and thus cannot be accepted as official documents to verify his claim.
4. In arriving at its decision, the Board wants the applicant to know that the decision of the Board in this case in no way diminishes the quality of his service to our Army and our Nation. The applicants dedicated service and his performance in the Regular Army to meet the needs of the Service demonstrated the finest traditions of the Noncommissioned officer corps and should be a source of pride to the applicant.
5. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x____ __x ___ __x___ 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.
____x_________
CHAIRPERSON
INDEX
CASE ID
AR20060014741
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070419
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(DENY)
REVIEW AUTHORITY
ISSUES 1.107.0015
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