RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 July 2007
DOCKET NUMBER: AR20070002185
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Eric N. Andersen
Chairperson
Mr. Scott W. Faught
Member
Ms. Ernestine I. Fields
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 correction of his military records to show award of the Purple Heart for wounds received in Iraq.
2. The applicant states that he was injured by hostile forces in Iraq.
3. The applicant provides copies of his Certificate of Release or Discharge from Active Duty (DD Form 214), Aeromedical Evacuation Patient Record, special orders, Physical Evaluation Board (PEB) Proceedings, Medical Evaluation Board Report, Statement of Medical Examination, and physical profile
CONSIDERATION OF EVIDENCE:
1. On 23 May 2002, the applicant enlisted in the Regular Army in the rank of sergeant, pay grade E5. He had completed 5 years and 5 months of prior active duty and 3 years and 10 months of prior inactive duty. He was awarded military occupational specialty 63M2O (Bradley Fighting Vehicle System Maintainer).
2. On 17 March 2004, the applicant was assigned for duty in Iraq.
3. On or about 2 June 2004, the applicant suffered lumbar disk displacement as a result of an exploding car bomb in Iraq. He was medically evacuated from the theater on or about 6 June 2004.
4. On or about 15 November 2004, he was returned to Iraq for duty.
5. On 16 February 2005, the applicant was given a permanent profile due to progressive chronic pain to his neck, leg and back. This profile restricted his duty day to 4 hours, and precluded him from wearing a rucksack, flak vest, load bearing equipment, or Kevlar. He was not to do sit ups or run in formation.
6. On 19 April 2005, a PEB convened to consider the applicants fitness for duty. It found that the applicant suffered from chronic subjective back pain rated at ten percent; chronic subjective neck pain rated at ten percent; and chronic pain to his left knee rated at ten percent. The PEB found the applicant physically unfit and recommended a combined rating of thirty percent and that he be placed on the Temporary Disability Retired List. The PEB further noted that the applicants retirement was based on disability from injury received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurred in line of duty during a period of war as defined by law. The disability resulted from direct combat related injuries.
7. On 6 June 2005, the applicant was honorably retired due to temporary disability. He had attained the rank of sergeant, pay grade E5, and had completed 3 years and 14 days of creditable active duty during this period of active duty.
8. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 lists his awards as the Army Commendation Medal, Army Achievement Medal (three awards), Army Good Conduct Medal (two awards), National Defense Service Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Noncommissioned Officers Professional Development Ribbon, Army Service Ribbon, Army Lapel Button. The Purple Heart is not listed.
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that the applicant suffered injuries as a direct result of enemy action and that these injuries received medical treatment. Therefore, his request for award of the Purple Heart should be granted.
2. The evidence appears to show that the applicant may be eligible for award of the Combat Action Badge. If he believes this is so, he may submit a request to the Commander, United States Army Human Resources Command, Attention: AHRC-PDO-PA, 200 Stovall Street, Alexandria, Virginia 22332. His request should include supporting documentation.
3. The applicant received the Global War on Terrorism Expeditionary Medal for his service in Iraq. The Iraq Campaign Medal is also authorized for this service. While Soldiers may not be awarded both medals for the same act, achievement, or period of service, they are permitted to request that the Iraq Campaign Medal be substituted for their Global War on Terrorism Expeditionary Medal. Requests should be submitted to the address shown in the preceding paragraph.
BOARD VOTE:
__ENA__ __EIF__ _ __SWF__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds received on or about 2 June 2004.
__ Eric N. Andersen_______
CHAIRPERSON
INDEX
CASE ID
AR20070002185
SUFFIX
RECON
DATE BOARDED
20070703
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107.0015
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