Search Decisions

Decision Text

ARMY | BCMR | CY2007 | 20070000922
Original file (20070000922.txt) Auto-classification: Denied


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 applicant’s 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.


Similar Decisions

  • ARMY | BCMR | CY2006 | 20060006848C070205

    Original file (20060006848C070205.doc) Auto-classification: Denied

    The applicant's military service records contain a copy of a DA Form 4980-10 (Purple Heart) Certificate, dated 8 April 2005, that shows he was awarded the Purple Heart for wounds received in action in Iraq on 13 February 2005. The DA Form 4980-10, dated 8 April 2005, shows he was awarded the Purple Heart for wounds received in action in Iraq on 13 February 2005. He also presents evidence that he was issued two Purple Heart award certificates, dated 8 April 2005 and 3 August 2005;...

  • ARMY | BCMR | CY2008 | 20080008457

    Original file (20080008457.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: DOCKET NUMBER: AR20080008457 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The medical evidence provide by the applicant shows that he was injured twice by an IED, on 25 November 2006 and on 24 March 2007, and he sustained neck and lower back injuries, while serving in Iraq. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Purple Heart (1st Oak Leaf Cluster) for...

  • ARMY | BCMR | CY2007 | 20070014050

    Original file (20070014050.TXT) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 February 2008 DOCKET NUMBER: AR20070014050 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. The applicant states, in effect, that while serving in Iraq, he sustained wounds in two separate improvised explosive device (IED) attacks which occurred within minutes of each other and should be awarded the Purple...

  • ARMY | BCMR | CY2009 | 20090004522

    Original file (20090004522.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show a fourth award of the Purple Heart (correctly known as the Purple Heart with Third Oak Leaf Cluster) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Orders show the applicant received three awards of the Purple Heart for wounds received in action on 23 November 1970, 26 March 1971, and 29 March 1971. There is no evidence of record which shows the applicant was wounded on 2...

  • ARMY | BCMR | CY2009 | 20090008953

    Original file (20090008953.txt) Auto-classification: Denied

    He states that he was among the wounded. The available evidence also shows the applicant was awarded the Purple Heart for wounds received as a result of being hit by nails from a claymore on 11 April 1969. Evidence of record shows that although he received orders for a Purple Heart for wounds received on 4 August 1969 while assigned to the 12th Evacuation Hospital there is no evidence of record nor did the applicant provide any evidence which shows he was wounded on 4 August 1969.

  • ARMY | BCMR | CY2008 | 20080011942

    Original file (20080011942.txt) Auto-classification: Denied

    The applicant requests, in effect, that his records be corrected to show the second award of the Purple Heart (referred to as First Oak Leaf Cluster) for wounds he received on 23 September 1968, and the Bronze Star Medal. Therefore, the evidence presented is insufficient to award the Purple Heart (First Oak Leaf Cluster). 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 to award the...

  • ARMY | BCMR | CY2006 | 20060014958

    Original file (20060014958.TXT) Auto-classification: Approved

    The applicant's WD AGO 53-55 does not show the applicant was awarded the Purple Heart (First Oak Leaf Cluster), the Combat Infantryman Badge, or the Bronze Star Medal. The applicant's records do not show that he served in a qualifying military occupational specialty, as a result, there is insufficient evidence to grant award of the Combat Infantryman Badge in this case. Additionally, as stated in the previous case, there is no basis to grant award of the Bronze Star Medal based on award of...

  • ARMY | BCMR | CY2006 | 20060014765

    Original file (20060014765.txt) Auto-classification: Approved

    The applicant requests correction of his military records to show award of the Purple Heart for wounds sustained in Iraq. 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. 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...

  • ARMY | BCMR | CY2010 | 20100000671

    Original file (20100000671.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or discharge) to show he was awarded the Purple Heart (Second Oak Leaf Cluster). The applicant states: * He received his first Purple Heart by itself on 25 March 1968 * His second and third Purple Hearts were issued very close together (on 12 April 1968 and 23 April 1968) so he was awarded the Purple Heart with Bronze Oak Leaf Cluster * He has three Purple Hearts, not two,...

  • ARMY | BCMR | CY2009 | 20090002533

    Original file (20090002533.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal, the Combat Infantryman Badge, the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a third award of the Purple Heart (correctly known as the Purple Heart with second oak leaf cluster). Although the applicant's DA Form 20 shows he served in MOS 11D and that he was assigned to Troop C, 1st...