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ARMY | BCMR | CY2007 | 20070004001C071029
Original file (20070004001C071029.doc) Auto-classification: Denied



                            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.                      |                                        |


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