RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 April 2007
	DOCKET NUMBER:  AR20060014765 


	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 on 6 November 2003, he received an injury to his right ankle from an improvised explosive device when it detonated while he was clearing a road in Iraq.  He states that he felt the concussion and his boot was slightly damaged, but was able to get up, finish clearing the road and after a few days, was able to walk normally with a slight bit of pain.  The applicant further states that on 18 January 2004, he was again injured when an improvised explosive device in a vehicle detonated.  He immediately felt shooting pain in his right ankle, sustaining bruising and numbness on his right side from the middle of his hip down to his foot, causing a mildly painful "pins and needles" effect which did not stop, and some hearing loss.  

3.  The applicant provides copies of his DA Forms 2173 (Statement of Medical Examination and Duty Status); medical records from Georgetown University Hospital; Certificate of Release or Discharge from Active Duty (DD Form 214); orders awarding him the Combat Action Badge; and news reports detailing Iraq car bomb explosions.

CONSIDERATION OF EVIDENCE:

1.  On 28 February 2003, the applicant (Reserve officer) was ordered to active duty as an infantry lieutenant colonel, pay grade O5.  He served in support of Operation Enduring Freedom in Iraq and Kuwait from 16 May 2003 to 
12 February 2004.

2.  A DA Form 2173, dated 11 March 2004, indicates that the applicant received medical treatment for an injury that occurred on 6 November 2003 to his ankle from an improvised explosive device that detonated near the Baghdad Airport.  

3.  A second DA Form 2173, dated 11 March 2004, indicates that the applicant also received medical treatment for injuries that occurred on 18 January 2004 to his right wrist, hand, and right ribs from an improvised explosive device that detonated.  It further indicates that he suffered bruising and had the wind knocked out of him.  He suffered numbness along his right side from his hip down to his ankle.


4.  On 20 March 2004, the applicant was released from active duty and transferred to the Civil Affairs Command Support Element 32, Riverdale, Maryland.  He had completed 1 year, 1 month and 23 days of creditable active duty during this period of service.

5.  Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows his awards as the Bronze Star Medal, Defense Meritorious Service Medal, Meritorious Service Medal, Army Commendation Medal (5th award), Army Achievement Medal (3rd award), Joint Meritorious Unit Award, Army Superior Unit Award (2nd award), Army Reserve Components Achievement Medal (3rd award), National Defense Service Medal, Armed Forces Expeditionary Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Service Medal, Armed Forces Reserve Medal with 10-year Device (Bronze), Armed Forces Reserve Medal and Mobilization (2nd award), Army Service Ribbon, Overseas Service Ribbon, Army Reserve Components Overseas Training Ribbon (2nd award), North Atlantic Treaty Organization Medal, Combat Infantryman Badge, Expert Infantryman Badge, Senior Parachutist Badge, Air Assault Badge, Ranger Tab, and the Egyptian Parachutist Badge.  The Purple Heart is not shown.

6.  Permanent Orders C180-03, United States Army Civil Affairs and Psychological Operations Command, Fort Bragg, North Carolina, dated 
29 June 2006, awarded the applicant the Combat Action Badge for being engaged by the enemy on 6 November 2003.

7.  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 injured by an improvised explosive device on 6 November 2003 and was subsequently awarded the Combat Action Badge for being engaged by the enemy near the Baghdad Airport.

2.  The evidence also clearly shows that the applicant was injured by an improvised explosive device on 18 January 2004 in Iraq.

3.   The applicant's injuries were not fully diagnosed and treated until on or after 11 March 2004.

4.  In view of the above, the applicant should be awarded the Purple Heart with an Oak Leaf Cluster.

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 injuries received as a result of hostile action on 6 November 2003;

	b.  awarding him the Purple Heart for injuries received as a result of hostile action on 18 January 2004; and

	c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart with Oak Leaf Cluster.	






__Curtis L. Greenway______
          CHAIRPERSON




INDEX

CASE ID
AR20060014765
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.