RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  16 August 2007
	DOCKET NUMBER:  AR20070003800 


	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

Ms. Antoinette Farley

Analyst


The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. William Blakley

Member

Mr. Donald L. Lewy

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, in effect, correction of his service records to show award of the Purple Heart for injuries he received while in Iraq.

2.  The applicant states, in effect, that his company commander recommended him for award of the Purple Heart in Iraq, but he never received the award.  The applicant states that he was awarded the Army Commendation but was told he would receive the Purple Heart for his injuries.  

3.  The applicant provides a copy of a DA Form 638 (Recommendation for Award) authorizing award of the Army Commendation Medal for Valor, dated 
11 September 2004; DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 14 November 2005; medical report, dated 12 June 2004; Casualty Feeder Report Form, dated 11 June 2004; and a DA Form 1155 (Witness Statement on Individual), dated 11 June 2004 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's service record is incomplete, however, the available record shows he had prior enlistment during the period 13 November 1998 through 14 November 2001.  His record also shows he served in Kosovo during the period 1 September 1999 through 4 March 2000. 

2.  The applicant's record also shows that he reenlisted in the Regular Army on 15 November 2001, and served in military occupational specialty (MOS) 11C (Indirect Fire Infantryman).  On 14 November 2005, the applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group.  The applicant's record shows that he completed 7 years and 2 months of total active service.  The highest rank he attained while serving on active duty was staff sergeant/pay grade E-6.  The applicant's record also shows he served in Iraq during the period 14 February 2004 through 12 March 2005 while assigned to Headquarters and Headquarters Command, 2nd Battalion, 2nd Infantry.

3.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show he was awarded the Purple Heart.  The applicant's record does show he was awarded the Army Commendation with Valor Device (2nd Award).

4.  There are no general orders in the applicant's records which show he was awarded the Purple Heart.

5.  DA Form 638, dated 11 September 2004, which show the applicant's company commander recommended him for award of the Army Commendation Medal with Valor for the period 11 June 2004 through 11 June 2004.  The applicant's company commander states that on 11 June 2004, the applicant was serving as a gunner on a M998 Humvee truck while on a Combat Logistics Patrol to pick up vital supplies for the battalion when his vehicle was struck by an improvised explosive device.  The company commander further states that the explosive device detonated within a few feet of the vehicle, shattering the windshield, and knocking the applicant to the ground.  The company commander proposed that the applicant receive a citation for valor and courageous achievement during ground combat operations against enemy forces in Diyala Province, Iraq on 11 June 2004.  The company commander continues that while the applicant was serving as a .50 caliber gunner, his actions resulted in the defeat of enemy forces and the protection of the convoy's vital supplies and personnel.  The company commander concluded by stating that the applicant's dedication to his fellow Soldiers on the battlefield upholds the finest traditions of military service and reflects great credit upon himself, the Duke Brigade, and the United States Army.  

6.  The applicant provided a Standard Form 600 (Chronological Record of Medical Care), dated 12 June 2004, which shows the Vilseck Health Clinic treated the 27 year old for fragment wounds or abrasion to the back and left arm due to an improvised explosive device on 11 June 2004.  A second entry shows the applicant's abrasion had bruising all around it.  He had no pain when moving his left arm and he still had his strength in the arm.

7.  The applicant provided a Casualty Feeder Report Form, dated 11 June 2004, which shows he was wounded or injured in action when he was struck by shrapnel, in Iraq, while assigned to Headquarters and Headquarters Command, 2nd Battalion, 2nd Infantry.

8.  The applicant provided a DA Form 1155, dated 11 June 2004 which show that a witness saw the incident occur which involved the applicant on 11 June 2004.

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 and 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.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart for being wounded in action by hostile forces.
 
2.  Evidence shows that, on 11 June 2004, the applicant was struck by shrapnel from an improvised explosive device and sustained wounds to his left arm as a result of combat operations.  Evidence further shows the applicant was treated by appropriate medical personnel for his wounds.  Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award.

BOARD VOTE:

__WDP___  _WB____  _DLL___  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 the Purple Heart, for wounds sustained by a hostile force on 11 June 2004 while in Iraq.




__William D. Powers__
          CHAIRPERSON




INDEX

CASE ID
AR20070003800
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.