RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 February 2008
	DOCKET NUMBER:  AR20070004911 


	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. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. Kenneth L. Wright 

Chairperson

Mr. Antonio Uribe

Member

Mr. Ronald Gant

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, award of the Combat Action Badge and Purple Heart. 

2.  The applicant states, in effect, that while stationed in Iraq, he was assigned to drive an armed HUMMV (High Mobility Multipurpose Wheeled Vehicle) and an armed 5 Ton truck [A804GT-gun trucks] on regular patrols.  He was in combat and his 5 Ton truck hit a roadside bomb flipping it over.  He received a concussion to the left side of his head.  He was granted a combined rating of 30 percent from the VA (Veterans Administration) for left and right leg scars. 

3.  The applicant provides a copy of his VA rating decision and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the New York Army National Guard (NYARNG) on 17 October 2002, and was trained in military occupation specialty (MOS), 92F, Petroleum Supply Specialist.  

2.  The applicant was ordered to active duty on 29 August 2004 in support of Operation Iraqi Freedom.  

3.  The applicant was advanced to pay grade E-4 on 15 February 2005.

4.  The applicant was released from active duty on 28 November 2005.  He was transferred to a TPU (troop program unit).  

5.  The applicant was issued a DD Form 214 that shows in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the following awards:  the Army Commendation Medal; the Army Good Conduct Medal; the National Defense Service Medal; the Army Service Ribbon; the Overseas Service Ribbon; the Armed Forces Reserve Medal, with "M" Device; the Global War on Terrorism Service Medal; and the Iraq Campaign Medal.  His DD Form 214 does not show any additional awards.

6.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Iraq from 4 January 2005 to 1 November 2005.


7.  There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There is also no evidence in his records that he was wounded or treated for wounds as a result of hostile action and the treatment was made a matter of official record.  

8.  The applicant provides a copy of his VA Rating Decision, dated 28 April 2006, which shows that he was granted a 10 percent service connected disability for left knee strain; 10 percent for right knee strain; 10 percent for headaches, residuals of concussion; and 0 percent for left and right leg scars, for a combined rating of 30 percent. 

9.  A staff member of the Casualty Operations Division, Human Resources Command, Alexandria, Virginia, verified that a review of the Iraq Casualty File for the period 4 January 2005 to 1 November 2005 failed to reveal that the applicant was involved in a roadside bomb incident or any report of the applicant sustaining injuries during a roadside bomb incident while he served in a combat zone in Iraq.

10.  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.

11.  A review of AR 600-8-22, which governs the Army Awards Program, was conducted to determine the existence of the Combat Artilleryman Badge.  The search failed to identify such an award.  During the period of the applicant's service, there were a myriad of badges available to be earned and awarded to Soldiers, the most common being the Combat Infantryman Badge and the Combat Medical Badge.  However, the applicant does not meet the basic criteria for award of these badges and therefore, he is not entitled to these badges.  

12.  On 2 May 2005, the Chief of Staff of the Army approved creation of the Combat Action Badge to provide special recognition to Soldiers who personally engage or are engaged by the enemy.  The Combat Action Badge may be awarded by any commander delegated authority by the Secretary of the Army during wartime or the Commanding General, US Army Human Resources Command, and will be announced in permanent orders.



13.  Requirements for award of the Combat Action Badge are Branch and MOS (military occupational specialty) immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to be awarded to all Soldiers who serve in a combat zone or imminent danger area.  Any Soldier may be awarded the Combat Action Badge but they must meet specific eligibility requirements as follows:  the Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized; the Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement; but the Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  The Combat Action Badge may be awarded to members from the other U.S. Armed Forces and foreign Soldiers assigned to a U.S. Army unit, provided they meet the above criteria.
The applicant has been notified by separate correspondence of the procedure for applying for award of the Combat Action Badge and, as a result, it will not be discussed further in this Record of Proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the Purple Heart and the supporting evidence provided were carefully considered.  However, by regulation, in order to support award of the Purple Heart, there must be evidence confirming that the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record.

2.  The applicant states that he was in combat and his 5-Ton truck hit a roadside bomb flipping it over.  He received a concussion to the left side of his head and was granted a combined rating of 30 percent for left and right leg scars.  However, he provided no evidence to show that he was reported as a casualty, he was not listed on the Iraq Casualty File, and there are no medical records available to show that he was treated for a wound that he may have received as a result of hostile action while serving in Iraq during the period 4 January 2005 to 1 November 2005.  Therefore, there is an insufficient basis upon which to approve award of the Purple Heart.

3.  In view of the foregoing, there is insufficient basis for granting the applicant's request.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__KLW__  __AU ___  ___RG__  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.




______Kenneth L. Wright ______
          CHAIRPERSON




INDEX

CASE ID
AR20070004911
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080205
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20051128
DISCHARGE AUTHORITY
AR .USAR/ARNG
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.