RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  14 August 2007
	DOCKET NUMBER:  AR20070004011 


	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. Michael J. Flynn

Chairperson

Mr. Larry W. Racster

Member

Mr. Donald W. Steenfott

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 and the Combat Action Badge. 

2.  The applicant states that while serving in Iraq with the United States Army he received two concussive brain injuries.  The first was from an IED in May 2003.  His second brain injury was from a rocket propelled grenade (RPG) or mortar on 
2 July 2003.  

3.  The applicant provides copies of his DD Form 214, a letter he wrote to his Senator, a Department of Veterans Affairs Decisional Letter, a record of medical treatment for 30 August 2003, three letters from his doctors, and a memorandum from his former company commander. 

CONSIDERATION OF EVIDENCE:

1.  The applicant requests correction of his records to show award of the Combat Action Badge.  There are no orders or other evidence authorizing award of the Combat Action Badge to the applicant.  In the absence of a proper award authority for this decoration, the applicant may submit a request to the Commander, United States Army Human Resources Command, Alexandria, Virginia, for award of the Combat Action Badge under the provisions of Army Regulation 600-8-22, Military Awards.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration and, as a result, it will not be discussed further in this Record of Proceedings. 

2.  On 21 April 1998, the applicant enlisted in the Iowa Army National Guard.  He completed his initial active duty for training and was awarded military occupational specialty 88M1O (Motor Transport Operator). 

3.  On 30 January 2001, the applicant was honorably discharged from the Iowa Army National Guard.

4.  On 31 January 2001, the applicant enlisted in the Regular Army, beginning in the rank of specialist, pay grade E4.  He served in Southwest Asia for 1 month from 5 to 26 November 2002 and again for 6 months from 4 March to 
26 September 2003.  

5.  On 1 February 2003, the applicant was promoted to sergeant, pay grade E5.

6.  On 30 August 2003, the applicant received medical treatment for pain, hearing loss, and dizziness caused by a blast injury 3 months earlier.  There is no indication as to the source or circumstances of this blast. 

7.  On 3 December 2003, the Commander, 418thTransportation Company, wrote a memorandum stating that the applicant had deployed on 3 March 2003 with this unit to Iraq in support of Operation Iraqi Freedom and had redeployed to Fort Hood, Texas on 26 September 2003.  

8.  The three letters provided by the applicant written by two medical doctors and a neuropsychologist, together discuss his injuries that were received as a result of blasts.  There is no discussion detailing the events or circumstances surrounding the blasts.

9.  The applicant’s letter that he wrote on 21 February 2006 to his Senator stated that he sustained a concussion in May 2003 when an explosion that hit the convoy truck to his front caused him to be tossed in the cab of his vehicle.  It also stated that on 2 July 2003 an enemy RPG landed approximately 5 to 8 yards from him.  He was knocked backwards hitting his head, blacking out, and falling to the ground in the fox hole.

10.  On 29 September 2006, the Department of Veterans Affairs, awarded service connection compensation for mechanical low back injury, right knee patellofemoral pain syndrome, and post-concussive syndrome.   This document does not provide any evidence showing that any of his medical conditions were the result of enemy action.

11.  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.

12.  On 30 January 2004, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had completed 3 years of creditable active service.

13.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD form 214, lists his awards as the Army Lapel Button, Army Achievement Medal (two awards), Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officers Professional Development Ribbon, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with Driver-W Bar.  It does not show award of the Purple Heart.

14.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

15.  Item 9 (Awards, Decorations and Campaigns) of the applicant’s Personnel Qualification Record (DA Form 2-1) shows that he was awarded the Global War on Terrorism Service Medal for a period ending on 4 November 2002; Global War on Terrorism Expeditionary Medal for a period ending on 26 November 2002; Iraq Campaign Medal for a period ending on 26 September 2003; and the Army Commendation Medal for the period ending on 30 January 2004.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  The evidence provided by the applicant shows that he suffered service-connected injuries; however, it does not provide substantiating evidence that any of his injuries were incurred as the result of enemy action.  Therefore, the applicant's request for award of the Purple Heart should not be granted.

2.  Records show that the applicant was awarded the Army Commendation Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Iraq Campaign Medal.  Therefore, his records should be corrected to show these awards. 

3.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_ MJF __  _LWR___  __DWS __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  The Board determined that administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Commendation Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Iraq Campaign Medal.




____ Michael J. Flynn _____
          CHAIRPERSON




INDEX

CASE ID
AR20070004011
SUFFIX

RECON
 
DATE BOARDED
20070814 
TYPE OF DISCHARGE
  
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0143                  
2.

3.

4.

5.

6.