RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 May 2007
DOCKET NUMBER: AR20060016290
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. Hubert O. Fry | |Chairperson |
| |Mr. Thomas e. O’Shaughnessy | |Member |
| |Mr. James R. Hastie | |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 earned his Combat Infantryman Badge early on in
his deployment. During one of their combat operations he was wounded as a
result of a near IED (improvised explosive device) explosion. As his
vehicle turned a corner it was hit by an improvised white phosphorus
artillery round. He immediately felt the heat from the round on the back
of his neck. He started to feel a rush of pain from his neck to the end of
his spine and a tightness around his chest. He was also having difficulty
breathing, standing, seeing, hearing. He received a burn on the back of
his neck about the sizes of a quarter. He was immediately evacuated back
to base. The officer who treated him took him out of mission status for 72
hours as a result of his combat-related injuries, but to his surprise he
was not put in for the Purple Heart.
3. The applicant provides a Standard Form 558 (Emergency Care and
Treatment).
CONSIDERATION OF EVIDENCE:
1. The applicant has served in Operation Iraqi Freedom.
2. After having had prior service, the applicant enlisted in the Army
National Guard on 31 March 2003. He deployed to Iraq on 21 March 2004.
3. The applicant provided a Standard Form 558, dated 26 January 2005, that
shows he was involved in a near-IED explosion. He felt heat down his neck
and had headaches and ringing in his left ear. An examination found his
tympanic membrane intact, found redness in the external ear canal, and
found a small, lived redness (a first degree burn) on his left posterior
neck. He was prescribed Naprosyn and Prednisone (anti-inflammatories) and
Roboxin (a muscle relaxant).
4. The applicant departed Iraq on 17 March 2005. He was honorably
released from active duty on 31 March 2005. He was honorably discharged
from the Army National Guard and as a Reserve of the Army on 1 July 2005.
5. 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided evidence that shows he was treated for
headaches, ringing in his ears, and a small first degree burn due to the
near explosion of an IED on 26 January 2005, for which he was prescribed
two anti-inflammatories and a muscle relaxant.
2. While the applicant’s injuries are unfortunate, the longstanding rule
requiring Soldiers to seek medical assistance for a battlefield injury
exists not only for purposes of corroboration but also has the effect of
discriminating among the injuries eligible for the award. It appears his
command made a considered determination that his injuries were not
considered sufficient to warrant award of the Purple Heart. There is
insufficient evidence that would warrant this Board overruling the decision
of his command.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__hof___ __teo___ __jrh___ 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.
__Hubert O. Fry_______
CHAIRPERSON
INDEX
|CASE ID |AR2006i0016290 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070522 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Schwartz |
|ISSUES 1. |107.0015 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2008 | 20080009425
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. j. a chronological record of medical care dated 21 August 2005 which shows the applicant was being seen as a follow-up for his headaches.
ARMY | BCMR | CY2006 | 20060012189
The applicant states, in effect, that the record of medical treatment record shows he was treated for an enemy inflected wound. The applicant provides copies of a DA Form 2173 (Statement of Medical Examination and Duty Status); his own sworn statement dated 15 January 2006; the sworn statement of his platoon sergeant; Standard Forms 600 (Chronological Record of Medical Care), dated 30 and 31 December 2006 ;and his DD Form 214 (Certificate of Release or Discharge from Active Duty). As a...
ARMY | BCMR | CY2015 | 20150005760
He was in the lead vehicle with the applicant and two other Soldiers. The medical treatment for concussion that meets the standard of treatment necessary for award of the Purple Heart includes limitation of duty following the incident, pain medication such as acetaminophen to treat the injury, referral to a neurologist to treat the injury, and rehabilitation to treat the injury. The evidence of record the applicant provided shows that on 24 December 2007, in Iraq, he and three other...
ARMY | BCMR | CY2013 | 20130012674
The applicant provides copies of: * his 6 August 2004 active duty orders * 29 December 2004 deployment orders for Company D, 184th Infantry Battalion * a 17 November 2005 Chronological Record of Medical Care * 16 November 2006 3rd Infantry Division Casualty Line Report * 21 December 2005 DA Form 2173 (Statement of Medical Examination and Duty Status) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * 16 January 2006 Chronological Record of Medal Care * 9 September 2007 DA...
ARMY | BCMR | CY2014 | 20140001715
The applicant states: * he was injured on 24 July 2009; he was present and physically located within 15 meters of the impact zone of several enemy mortar rounds * he was involved in an enemy indirect mortar attack that set ablaze a lithium battery warehouse * the incident caused him internal injuries and concussion injuries as a result of an enemy-generated explosion * HRC stated he did not meet the criteria for award of the Purple Heart because he was responding to an enemy attack rather...
ARMY | BCMR | CY2010 | 20100022373
The symptoms got worse and he was sent to the hospital with a headache, nausea, dizziness, vision loss, abdominal pain, weight loss, and diarrhea. A DA Form 2173, dated 17 January 2007, states he was treated at the Medical Clinic, Balad, Iraq, on 8 May 2006 for multiple welts and a rash on his back. There is no evidence in the available record and the applicant did not provide conclusive evidence to show he received injuries/wounds as a result of this mortar attack or that he was treated...
ARMY | BCMR | CY2006 | 20060013942C071029
Dale E. DeBruler | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2015 | 20150000829
He has the piece of shrapnel that was taken from his arm while at the hospital. There is no medical evidence in his available record that shows he was wounded as a result of hostile action while in an active duty status. He provides a statement of support wherein one individual stated the applicant was wounded in the arm and had not shot himself.
ARMY | BCMR | CY2010 | 20100016783
His DA Form 20 does not show he was wounded in action, and his service record is void of orders that show he was awarded the Purple Heart. There is no evidence in the applicant's records that show the hospital commander awarded him the Purple Heart. With respect to the applicant's argument that other Soldiers received the Purple Heart as a result of friendly accidents, the ABCMR decides cases on the evidence of record and each case is considered on its own merits.
ARMY | BCMR | CY2006 | 20060014045C071029
The applicant requests award of the Purple Heart for wounds received in Vietnam on or about 6 January 1967. The applicant provided a Headquarters, 168th Engineer Combat Battalion Operational Report for the quarterly period ending 30 April 1967 that shows the battalion participated in Operation Cedar Falls, during which operation the unit was responsible for jungle clearing, road repair, mine sweeping, tunnel destruction, and other combat engineer tasks, during the period 5 through 28...