RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 February 2007
	DOCKET NUMBER:  AR20060017775 


	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. Carl W. S. Chun

Director

Mr. Michael L. Engle

Analyst


The following members, a quorum, were present:


Ms. Barbara J. Ellis

Chairperson

Ms. Linda D. Simmons

Member

Mr. Michael J. Flynn

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 for wounds sustained while deployed to Bagram Air Base, Afghanistan.

2.  The applicant states that he was wounded while deployed to Afghanistan during Operation Enduring Freedom and that the Commander, XVIII Airborne Corps, approved award of the Purple Heart.  He further states that the Department of the Army disapproved the award.

3.  The applicant provides copies of the Request for Award of the Purple Heart, the reconsideration of this request, his medical treatment record, a witness statement, an extract of Army Regulation 600-8-22, detailing the criteria for award of the Purple Heart, and a copy of his Officer Record Brief. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a second lieutenant in the Regular Army on 
8 June 1977.  He has served through a series of assignments and has attained the rank of colonel, pay grade O6.  He is an infantry officer currently serving with the XVIII Airborne Corps, Fort Bragg, North Carolina.

2.  The applicant's medical record shows that on 12 July 2002, he entered the emergency medical treatment facility with a suspected gunshot wound to his left thigh.  He reported that he was standing in the chow line earlier that evening when he heard what sounded like a weapon being fired.  He suddenly felt a burning sensation in his left thigh.  He looked down and observed a bullet lying at his feet and it was hot to the touch.  The round had not penetrated his skin and he was able to walk, so he did not think anything more about the incident and did not seek immediate medical treatment.  With time, however, his leg became increasingly sore with noted bruising and pain under weight.  His injury was medically evaluated.  The x-rays were negative.  He was stable with no loss of function.  He was prescribed medication for the pain and instructed to rest and apply ice to the injured area.

3.  On 15 October 2003, a Personnel Action (DA Form 4187) was submitted requesting award of the Purple Heart for the applicant's wound received on 
12 July 2002.   The company commander recommended approval.

4.  On 4 December 2003, the brigade commander recommended disapproval of the request, contending that the applicant's injury was most likely caused by a round of celebratory fire from friendly Afghans.  He further contended that the round that hit the applicant was most likely a ricochet round that was expiring.  Thus, he categorized his injury as an accident. 

5.  On 23 April 2004, the Chief of Staff, on behalf of the Commander, XVIII Airborne Corps, recommended disapproval of this request, citing Army Regulation 600-8-22, paragraph 2-8b(15)(g), which states that accidental wounding not related to or caused by enemy action does not qualify for award of the Purple Heart.

6.  On 13 May 2004, Headquarters, United States Army Forces Command, forwarded the request for award of the Purple Heart to the Awards Branch, United States Army Human Resources Command (HRC) for their action.

7.  On 10 October 2004, the request was disapproved by HRC. 

8.  On 6 December 2005, the Commander, HRC, provided a Memorandum for the Commander, XVIII Airborne Corps, informing him that the request for award of the Purple Heart had been reviewed.  It was determined that it would be inappropriate to award the applicant the Purple Heart based upon the available information.  Specifically, there was no determination that there was enemy involvement in the incident. 

9.  On 11 May 2005, another request for award of the Purple Heart was initiated by the applicant's brigade commander.  On 7 August 2005, the Commander, XVIII Airborne Corps, recommended approval of this request and forwarded it to HRC.  There is no available evidence showing that this request was approved.

10.  On 24 December 2005, the applicant submitted a memorandum to the Commander, Multi-National Corps-Iraq, requesting award of the Purple Heart.  He states that he was wounded by enemy fire that originated from outside of the Bagram Air Base and that the weapon used was other than those used by friendly forces.  His request was forwarded for reconsideration to HRC.  There is no available evidence showing that this request was approved. 

11.  On 26 December 2005, a witness to the incident provided a written statement verifying that the applicant was standing in the chow line on 12 July 2002 and received a gunshot wound.  However, his statement does not address the source of the bullet. 

12.  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, and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no time limitation on requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant received a gunshot wound and was given medical treatment.  However, there is no substantiating evidence to show that there was any enemy involvement in the incident.
 
2.  The applicant's contention that the particular bullet that hit him could only have come from a weapon used by the enemy is not sufficiently convincing given the overall circumstances of the incident. 

3. Therefore, the applicant's request for award of the Purple Heart should not be granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LDS__  __BJE ___  ___MJF  _  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.





_      _Barbara J. Ellis____
          CHAIRPERSON




INDEX

CASE ID
AR20060017775
SUFFIX

RECON
 
DATE BOARDED
20070201 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.