RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 September 2007
DOCKET NUMBER: AR20070005111
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 J. Fowler
Analyst
The following members, a quorum, were present:
Mr. James E. Vick
Chairperson
Mr. Ronald D. Grant
Member
Mr. Rowland C. Heflin
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 records to show award of the Purple Heart.
2. The applicant states, in effect, that due to the incompetence of his unit commander and unit administrative personnel his records do not show combat wounds he received while serving in Afghanistan and Iraq.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 7 September 2005, and two DA Forms 1155 (Witness Statement on Individual).
CONSIDERATION OF EVIDENCE:
1. The applicant has served in support of Operations Enduring Freedom and Iraqi Freedom.
2. The applicant enlisted in the U.S. Army Reserve on or about 26 May 1988.
3. On 22 February 2004, the applicant was ordered to active duty.
4. The applicant provided two DA Forms 1155 that state on 15 June 2004, he was injured by a rocket propelled grenade and after three days he recovered and went back to operations.
5. On 7 September 2005, the applicant was discharged. His DD Form 214 with the ending period 7 September 2005 does not show award of the Purple Heart. Item 18 (Remarks) shows the entry "//ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM IAW 10 USC 12302//," "SERVICE MEMBER RECEIVED IMMINENT DANGER PAY FROM 20040317-20041001 WHILE SERVING TIME IN IRAQ.//" and item 28 (Narrative Reason for Separation) shows the entry "DISABILITY, SEVERANCE PAY."
6. There are no general orders in the applicantÂ’s service personnel records that show he was awarded the Purple Heart.
7. On 4 September 2007, the Army Casualty Operation Center verified the applicant was not listed on the Iraq/Afghanistan Casualty Roster.
8. The applicant's medical treatment records are not available.
9. 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 military medical personnel, and the medical treatment must have been made a matter of official record. 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. This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that due to the incompetence of his unit commander and unit administrative personnel his records do not show combat wounds he received while serving in Afghanistan and Iraq. However, there is insufficient evidence to support this contention. By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action, that the wound required treatment by a medical officer, and the treatment record must have been made a matter of official record.
2. The applicant's records are void of any documentary evidence that shows he was treated for a wound sustained in action. His name was verified by the Army Casualty Operation Center as not being listed on the Iraq/Afghanistan Casualty Roster.
3. Regrettably, lacking any corroborating evidence of record showing that the applicant was treated for a wound/injury that was the direct result of or caused by enemy action the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JEV __ __RDG _ __RCH__ 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.
_____James E. Vick __
CHAIRPERSON
INDEX
CASE ID
AR20070005111
SUFFIX
RECON
DATE BOARDED
19 SEPTEMBER 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES 1.
107.0015.0000
2.
3.
4.
5.
6.
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