RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 9 August 2007
DOCKET NUMBER: AR20070004001
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. Jeffrey C. Redmann | |Chairperson |
| |Ms. Rea M. Nuppenau | |Member |
| |Mr. Dennis J. Phillips | |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 award of the Purple Heart.
2. The applicant states an improvised explosive device (IED) was
detonated, which caused their vehicle to overturn. Also, his unit was
engaged in small arms fire, which caused him to lie on the ground for 50
minutes before the helicopter could land. That was definitely a life or
death situation.
3. The applicant provides an incident report, dated 16 July 2004, and five
pages of medical records.
CONSIDERATION OF EVIDENCE:
1. The applicant served in Operation Iraqi Freedom.
2. The applicant enlisted in the U. S. Army Reserve on 26 July 2002. He
was ordered to active duty effective 7 December 2003. He arrived in Iraq
on 22 February 2003.
3. An incident report, dated 16 July 2004, from Joseph T___, indicated
that, while traveling in vehicle B6, initial radio reports indicated a
possible IED detonated and elements from Joseph T___’s convoy were
involved. They were waved down by several civilians, who alerted them to a
disabled vehicle to their rear. Upon arrival, Joseph T___ indicated he
found one 5-ton dump truck resting on its left side. Initial assessment of
the vehicle revealed significant damage to the passenger compartment and
structural damage to the bed. Initial triage revealed a four patients
(later identified as the only passengers), all injured. While waiting for
a helicopter, they were engaged with small arms fire from a small
village/town located about 600 meters away. Eventually, all the injured
were evacuated.
4. The applicant was one of the injured. His injuries included a broken
leg and pelvis and a ruptured bladder.
5. On 27 May 2005, the applicant was released from active duty and placed
on the Temporary Disability Retired List.
6. On 3 August 2007, the U. S. Army Human Resources Command confirmed the
applicant is listed on the Iraq Casualty File, injured as a result of a
vehicle rollover. However, the injury is listed as nonhostile.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is
awarded to any member of an Armed Force who has been wounded or killed in
any action against an enemy of the United States. The wound must have
required treatment by a medical officer and records of medical treatment
for wounds or injuries received in action must have been made a matter of
official record. When contemplating an award of the Purple Heart, the key
issue commanders must take into consideration is the degree to which the
enemy caused the injury. The fact the proposed recipient was participating
in direct or indirect combat operations is a necessary prerequisite, but is
not sole justification for award.
DISCUSSION AND CONCLUSIONS:
1. The evidence provided by the applicant has been carefully considered.
2. It is acknowledged that the applicant was severely injured in a motor
vehicle accident while in a combat zone and that while he was awaiting
medical evacuation his unit came under hostile fire.
3. However, the incident report provided by the applicant does not confirm
that the cause of the accident was the detonation of an IED. The incident
report only mentioned that a possible IED was detonated. Given that the
Iraq Casualty File lists the applicant’s injuries as being incurred as a
result of nonhostile action, there is, regrettably, insufficient evidence
that would warrant granting the relief requested at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__jcr___ __rmn___ __djp___ 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.
__Jeffrey C. Redmann__
CHAIRPERSON
INDEX
|CASE ID |AR20070004001 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070809 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Ms. Mitrano |
|ISSUES 1. |107.0015 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2014 | 20140020947
Application for correction of military records (with supporting documents provided, if any). The author reported a vehicle being struck by an IED on 1 June 2004. The medical treatment for concussion that meets the standard of treatment necessary for award of the Purple Heart includes limitation of duty following the incident, pain medication such as acetaminophen to treat the injury, referral to a neurologist to treat the injury, and rehabilitation to treat the injury.
ARMY | BCMR | CY2009 | 20090019265
Army Regulation 600-8-4 (Line of Duty Policy, Procedures, and Investigations) prescribes policies and procedures for investigating the circumstances of disease, injury, or death of a soldier. Hostile Casualty a person who is the victim of a terrorist activity or who becomes a casualty "in action." His death was described as resulting from nonhostile causes because it was not the "direct result of hostile action, sustained in combat."
ARMY | BCMR | CY2008 | 20080010617
The applicant requests correction of his records to show award of the Purple Heart. The applicant states that he was wounded in Iraq on 3 May 2007 and was awarded the Purple Heart on 5 May 2007, and that he was medically evacuated to Madigan Army Medical Center at Fort Lewis, Washington. The applicant provides the following additional documentary evidence in support of his request: a. DA Form 4187 (Personnel Action), Request for award of the Purple Heart and narrative to accompany award of...
ARMY | BCMR | CY2011 | 20110002500
The applicant states he sustained injuries as a direct result of an MVA caused when his driver swerved to avoid rocket-propelled grenade (RPG) fire from enemy combatants. The medical documentation and sworn statements show he was treated for injuries due to a vehicle accident and not injuries caused by the enemy. 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 in Balad,...
ARMY | BCMR | CY2012 | 20120006831
He further states the aircraft commander and he were severely injured and medically evacuated to the 67th Evacuation Hospital at Pleiku and to the 61st Medical Battalion in Qui Nhon. The applicant provides: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 16 October 1971 * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 30 September 1980 * Honorable Discharge Certificate * Self-authored memoir of the events that led to the...
ARMY | BCMR | CY2007 | 20070011736
Headquarters, 1st Cavalry Division, Baghdad, Iraq, Permanent Orders Number 168-08, dated 16 June 2004, Unsigned; c. a self-authored statement, dated 10 August 2007; d. a DA Form 2823 (Sworn Statement), undated, not witnessed, and not administered; e. a newspaper article with photograph of another Soldier receiving the award of the Purple Heart; f. photographs of damaged military vehicles; g. a self-authored letter, dated 12 April 2005, addressed to the Traylor Chiropractic Clinics; h. a...
ARMY | BCMR | CY2008 | 20080010004
The applicant requests reconsideration of the Boards denial of his request that the incident report for a HMMWV (military vehicle) crash be corrected from showing that it was accidently caused, to that it was intentionally caused. The applicants request to change Army records to reflect that the incident resulting in the FSMs death was an intentional act and not an accident was noted in the Record of Proceedings, but the ABCMR did not grant relief on that claim, Making such changes would...
ARMY | BCMR | CY2008 | 20080010007
The applicant requests reconsideration of the Boards denial of his request for award of the Purple Heart and, in effect, that the incident report for a HMMWV (military vehicle) crash be corrected from showing that it was accidently caused, to that it was intentionally caused. The applicants request to change Army records to reflect that the incident resulting in the FSMs death was an intentional act and not an accident was noted in the Record of Proceedings, but the ABCMR did not grant...
ARMY | BCMR | CY2013 | 20130000485
The applicant states: a. An artillery round jungle pack exploded. The letters of support and other evidence provided by the applicant has been reviewed; however, there was no investigation conducted at the time of the incident to show the explosion was the direct result of enemy action (a booby-trapped artillery round).
ARMY | BCMR | CY2007 | 20070009743C080213
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 November 2007 DOCKET NUMBER: AR20070009743 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. On 12 July 1968, a PEB recommended the FSM be permanently retired due to the injuries he suffered in the vehicle accident. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records...