RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 July 2007
DOCKET NUMBER: AR20070002354
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. John Infante
Chairperson
Ms. Rose M. Lys
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 correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Purple Heart.
2. The applicant states that the Purple Heart is not listed on his DD Form 214.
3. The applicant provides copies of his DD Form 214, Personnel Action for award of the Purple Heart, Serious Incident Report, witness statements, Statement of Medical Examination and Duty Status (DA Form 2173), Hometown News Release Information, Theater Medical Registry Record (MEDCOM Test Form 1381), Chronological Record of Medical Care dated 15 November 2004, and reassignment orders.
CONSIDERATION OF EVIDENCE:
1. On 7 December 2003, the applicant, a member of the United States Army Reserve, was ordered to active duty in support of Operation Iraqi Freedom. His rank was sergeant, pay grade E5, and he held military occupational specialty 88M2O (Motor Transport Operator).
2. MEDCOM Test Form 1381, dated 13 November 2004, indicates that the applicant was given medical treatment at 0327 hours, 13 November 2004, for wounds received as a result of an enemy improvised explosive device (IED).
3. A serious incident report shows that on 13 November 2004, the applicant was driving a heavy vehicle in convoy when it was struck by an IED. The applicant sustained minor shrapnel injuries to his head and face, and ringing in his ears. The vehicle sustained two blown front tires and radiator damage.
4. DA Form 2173, dated 7 December 2004, indicates that on 13 November 2004, the applicant sustained facial lacerations and erythema as a result of a blast from an IED. He was performing convoy operations. Injuries were considered to be in line of duty.
5. On 12 January 2005, the applicantÂ’s commander initiated a personnel action requesting award of the Purple Heart for wounds received when his vehicle was struck by an enemy IED. There is no evidence to show that this action was processed to completion.
6. On 6 February 2005, the applicant was released from active duty. He had completed 1 year and 2 months of creditable active service during this period.
7. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, lists his awards as the Army Commendation Medal, Meritorious Unit Commendation, Marine Corps Good Conduct Medal, National Defense Service Medal (2nd Award), Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, Sea Service Deployment Ribbon, Army Lapel Button, and the Driver and Mechanic Badge. It does not show award of the Purple Heart.
8. Army Regulation 600-8-22 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.
DISCUSSION AND CONCLUSIONS:
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.
BOARD VOTE:
__ JRH __ __JI ____ __RML _ 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:
a. awarding him the Purple Heart for wounds received as a result of enemy action on 13 November 2004; and
b. showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart.
__ _ John Infante _____
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
DATE BOARDED
20070724
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107.0015
2.
3.
4.
5.
6.
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