RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 June 2007
DOCKET NUMBER: AR20070000922
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.
Ms. Catherine C. Mitrano
Director
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Ms. Sherri V. Ward
Chairperson
Mr. Richard T. Dunbar
Member
Mr. David W. Tucker
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show a second award of the Purple Heart (in effect, a Purple Heart with Oak Leaf Cluster).
2. The applicant states, in effect, that his second award of the Purple Heart was lost, so it was never processed.
3. The applicant provides a copy of Headquarters, 1st Armored Division, Permanent Orders Number 160-19, dated 8 June 2004 and a copy of Standard Form 600 (Chronological Record of Medical Care).
CONSIDERATION OF EVIDENCE:
1. The applicants military service records show that he entered active duty on
28 October 1985. He served as a 11B4P (Light Weapons Infantryman) continuously until he was honorably retired from active duty on
31 July 2006 and was placed on the retired list on 1 August 2006. He completed a total of 20 years, 8 months, and 1 day of active service.
2. The applicant served a tour in Iraq during the period 12 April 2003 to 15 July 2004.
3. Headquarters, 1st Armored Division, Permanent Orders Number 160-19, dated 8 June 2004 shows that the applicant was awarded the Purple Heart for wounds received as a result of enemy action on 14 April 2004.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows that the applicant was awarded the Purple Heart, but does not show the applicant was awarded the Purple Heart with Oak Leaf Cluster.
5. The Standard Form 600 that the applicant submitted shows he was treated on 8 May 2004 for a shrapnel wound to his right calf. It is unclear whether or not this visit was for a second wound, or a follow up treatment for his previous wound on 14 April 2004. There are no medical records available to show whether the entry recorded on 8 May 2004 was as a result of a second wound.
6. The Casualty Branch at U.S. Army Human Resources Command does not have any records of the applicant being wounded in Iraq.
7. 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 are no time limitations on requests for award of the Purple Heart.
8. Army Regulation 600-8-22 states, in pertinent part, that an Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.
9. A review of the applicant's records does not indicate entitlement to additional awards and decorations not shown in item 13 of his DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to an award of the Purple Heart with Oak Leaf Cluster.
2. The Standard Form 600 that the applicant submitted as evidence to show he was entitled to award of the Purple Heart with Oak Leaf Cluster was considered. However, it is unclear whether or not the applicant was wounded on 8 May
2004, or it was a follow up visit for his previous wound that occurred on
14 April 2004, some 24 days earlier.
3. It is unlikely that the applicant's command would not have awarded the Purple Heart for a second incident in such a short period of time. Therefore, it is conceivable that the applicant's visit to the medical treatment facility on 8 May 2004 may have been for a follow up treatment.
4. The evidence submitted by the applicant is inconclusive. Without conclusive evidence, the applicant is not entitled to award of the Purple Heart with Oak Leaf Cluster.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___svw__ ___rtd___ ____dwt_ 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.
__________Sherri V. Ward_________
CHAIRPERSON
INDEX
CASE ID
AR20070000922
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070709
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.
2.
3.
4.
5.
6.
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