RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 May 2007
DOCKET NUMBER: AR20060016730
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 |
| |Ms. Loretta D. Gulley | |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, in effect, that he was injured while in combat
actions in Iraq.
3. The applicant provides a copies of DA Form 2173 (Statement of Medical
Examination and Duty Status) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 13 April 2006. The application submitted in this case is
dated
15 November 2006.
2. The applicant's record shows that he was ordered to active duty in the
Army on 12 October 2003. He completed basic combat training and advanced
individual training and was awarded the military occupational specialty
(MOS) 11B (Infantryman). The highest rank he attained while serving on
active duty was Sergeant (SGT).
3. On 13 April 2006, the applicant was honorably separated with
disability, severance pay after completing a total of 2 years, 6 months,
and 2 days of active military service. The DD Form 214 he was issued shows
he earned the following awards during his active duty tenure: the National
Defense Service Medal (NDSM) (2nd award), the Global War on Terrorism
Service Medal, the Army Service Ribbon, the Armed Forces Reserve Medal with
“M” Device, the Combat Infantryman Badge, the Driver and Mechanic Badge,
the Iraq Campaign Medal, and the Expert Marksmanship Qualification Badge M-
16 Rifle.
4. There are no orders in the applicant’s service personnel record which
show that he was awarded the Purple Heart.
5. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does
not show award of the Purple Heart.
6. Item 10 of the DA Form 2173, dated 15 August 2004 submitted by
applicant, states that he was treated for a perforated left TM sustained in
a firefight. Item 15 (Details of Accident or History of Disease) shows
that the applicant was treated at the battalion aid station on 15 August
2004.
7. Item 15 (Details of Accident or History of Disease) of the DA Form
2173, dated 4 February 2005, shows that the applicant has a re-occurring
injury since 18 October 2004 resulting from his jumping a distance of 10
feet. Item 30 (Remarks) of the DA Form 2173, states that he jumped from a
pumping station at the height of approximately 10 feet, after firing at
insurgents. The next day he woke with numbness down his right leg to his
foot. On 4 February 2005 the applicant reported to the medical treatment
facility in Baghad, Iraq and was aeroevacuated.
8. Army Regulation 600-8-22 (Military Awards) 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. For subsequent award Oak Leaf Cluster
will be worn on the medal or ribbon. Not more than one award will be made
for more than one wound or injury received at the same instant or from the
same missile, force, explosion, or agent.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the Purple
Heart.
2. There are no general orders that show the applicant was awarded the
Purple Heart. There is no evidence in his service personnel records which
shows that he was wounded or injured as a result of hostile action or
treated for such wounds. The DA Form 2173’s submitted do not provide
eyewitness accounts of the applicant being wounded as a result of hostile
action. In the absence of such evidence, there is insufficient basis to
grant award of the Purple Heart in this case.
BOARD VOTE:
__ __ __ ___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___HOF__ ___TEO_ ___JRH__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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 |AR20060016730 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |2007/05/22 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |MR. SCHWARTZ |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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