RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  30 August 2007
	DOCKET NUMBER:  AR20070004508 


	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. Dean L. Turnbull

Analyst


The following members, a quorum, were present:


Mr. Bernard P. Ingold

Chairperson

Mr. Thomas M. Ray

Member

Mr. Gerald J. Purcell

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 that his records be corrected to show the award of the Purple Heart.

2.  The applicant states, in effect, that he was recognized by Major General Wayt at a ceremony and was given the Purple Heart with the expectation that the recommendation for the Purple Heart would be approved.  He states that his recommendation for the award of the Purple Heart was denied due to a lack of signatures and untimely submission.  He further states he received injuries from a rocket propelled grenade that destroyed their vehicle and he is currently receiving disability compensation for his injuries.

3.  The applicant provides a copy of a memorandum from Headquarters,  
73rd Troop Command, Ohio Army National Guard, dated 11 July 2006; a local newspaper article; a copy of Department of Veterans Affairs (DVA) decision letter; and a letter from his state representative, dated 5 March 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he entered active duty on  
11 February 2003 as a member of the Ohio Army National Guard.  He served in military occupational specialty (MOS) 88M3O (Motor Transport Operator) in support of Operation Enduring Freedom and Iraqi Freedom during the period
26 April 2003 to 28 April 2004.

2.  He was honorably released from active duty and transferred to the 1485th Transportation Company (Medium Truck) on 30 May 2005.  He had completed
1 year, 3 months, and 20 days of active service this period.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he received numerous awards and decorations for his military service.  However, it does not show he was awarded the Purple Heart.

4.  The local newspaper article states, in effect, that the applicant was injured during the last day of convoys when his vehicle was hit by a rocket propelled grenade which caused eye damage due to a concussion.  He received the Purple Heart at a hometown ceremony.

5.  The Headquarters, 73rd Troop Command memorandum states that the applicant's recommendation for award of the Purple Heart was disapproved by U.S. Army Human Resources Command (USAHRC).

6.  A memorandum from USAHRC, dated 5 June 2006, shows that the disapproval of the applicant's recommendation for the Purple Heart was based on a lack of the necessary paperwork and evidence of medical treatment that pertained to the applicant's wounds or injuries received as the direct result of enemy actions.  Within this same memorandum, it states that the applicant "went on sick call on 8 April 2004, the day following the incident, complaining of headaches and eye problems and was evaluated for a concussion from an explosion and possible iris root tear in his left eye."

7.  The applicant's military personnel records do not contain a copy of his medical records.

8.  Army Regulation 600-8-22 (Military Awards) 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 by a medical officer, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations on requests for award of the Purple Heart.

9.  This same regulation states that when contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  (1) Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action, (2) Injury caused by enemy placed mine or trap, (3) Injury caused by enemy released chemical, biological, or nuclear agent, (4) Injury caused by vehicle or aircraft accident resulting from enemy fire, and (5) Concussion injuries caused as a result of enemy generated explosions.

10.  A review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

11.  The State of Ohio Adjutant General's Department, Permanent Orders  
171-039, dated 20 June 2006, shows that the applicant was awarded the Combat Action Badge for special recognition to Soldiers who personally engage the enemy, or are engaged by the enemy during combat operations.
12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was awarded the Purple Heart.

2.  The USAHRC disapproval memorandum states that the applicant's medical records lack evidence that he received treatment pertaining to wounds or injuries as the direct result of enemy actions.  When he went on sick call he was evaluated for a concussion from an explosion and possible iris root tear in his left eye.  However, there is no substantiating evidence to verify that the applicant was injured, the injuries were the result of hostile action, the injuries required treatment, or that the medical treatment was made a matter of official record.  No medical records were available for review.

3.  The local newspaper article provided by the applicant was carefully considered.  However, given the lack of evidence to show that the applicant received medical treatment and that the treatment was made a matter of official record, the article is insufficient to warrant award of the Purple Heart.

4.  Orders show the applicant was awarded the Combat Action Badge.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___bpi__  ___gjp___  ____tmr__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Combat Action Badge. 

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




_________Bernard P. Ingold_______
          CHAIRPERSON




INDEX

CASE ID
AR20070004508
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070830
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.