RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 October 2007
	DOCKET NUMBER:  AR20070006232 


	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. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Ms. Susan A. Powers

Chairperson

Mr. Edward E. Montgomery

Member

Mr. Qawiy A. Sabree

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, in effect, that he was injured by an Improvised Explosive Device on 7 October 2003, while serving in Baghdad, Iraq.  He further states that subsequent to his injury, he completed a witness statement at the unit Aid Station and that his unit's operations noncommissioned officer in charge (NCOIC) told him he would be awarded the Purple Heart.  The applicant concludes that he is currently rated 10 percent disabled due to hearing loss and 0 percent disabled due to a claw-foot.

3.  The applicant provided a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of Department of Veterans Affairs (DVA) Form 21-4138 (Statement in Support of a Claim), DVA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative), and an Authorization Form for Release of Information Between County Veterans Services Office and Veterans Services Organization, in support of his application. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests the applicant be awarded the Purple Heart.

2.  Counsel states, in effect, that the applicant’s injury in Iraq qualifies him for award of the Purple Heart.

3.  Counsel did not provide any additional documentary evidence in support of the applicant's request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he enlisted in the Regular Army on 18 September 2001 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  He was honorably discharged and transferred to the U.S. Army Reserve Control Group on 17 September 2004.  The highest rank the applicant attained while on active duty was sergeant/pay grade E-5.

2.  The applicant's DD Form 214 shows that he served in Iraq during the period 14 February 2003 through 23 January 2004.

3.  The applicant's DD Form 214 shows that he was awarded the National Defense Service Medal, the Army Commendation Medal, the Army Achievement Medal (1st Oak Leaf Cluster), the Global War on Terrorism Expeditionary and Service Medals, the Army Service Ribbon, the Combat Infantryman Badge, and the Parachutist Badge.  The applicant's DD Form 214 does not show that he was awarded the Purple Heart.

4.  There is no record that the 3rd Battalion, 325th Parachute Infantry Regiment operations NCOIC or any other member of the applicant's chain of command submitted a DA Form 4187 (Personnel Action), indicating a recommendation for award of the Purple Heart.

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

6.  There are no medical records in the applicant's official military personnel file that show he sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.

7.  According to the applicant's continuation sheet of his DD Form 149 (Application for Correction of Military Records), he was assigned to 2nd Squad, 1st Platoon, C Company, 3rd Battalion, 325th Airborne Infantry Regiment, when on 7 October 2003, his company, along with A Company and an unknown Military Police unit were assigned to clear a riot and vehicles blocking the highway.  One of the rioters had an Improvised Explosive Device (IED) the size of a very large grenade.  The IED exploded and injured several rioters and Soldiers.  The applicant states that he performed first aid on one of his Soldiers until the combat medics arrived.  He then rejoined his unit and realized later that his index finger and left leg were burned and hurting.  He further states that he went to the Battalion Aid Station where the medical staff looked at his ears (temporary deafness) and leg and that the medical staff wrote down his information and added his name to the Battalion injury report, completed the witness reports, and filled out all the paperwork.  He concludes that he was the only Soldier not to receive the Purple Heart. 

8.  The DVA Form 21-4138 submitted by the applicant restates the same information regarding his IED injury as stated on his DD Form 149.


9.  A staff member of the Casualty Operations Division, Human Resources Command, Alexandria, Virginia, verified on 6 September 2007 that the applicant was in fact wounded as a result of hostile action on 7 October 2003 in Baghdad, Iraq, and that a casualty report was made for a grenade explosion incident involving the applicant and other members of his unit sustaining injuries during that explosion 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 and 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart for injuries received in Iraq.

2.  Evidence of records shows that the applicant was injured in Iraq on 7 October 2003 as a result of hostile action and received medical treatment for his injuries that resulted from enemy action and that treatment is a matter of record.  Therefore he is entitled to award of the Purple Heart and correction of his records to show this award.

BOARD VOTE:

__sap___  __eem___  __qas___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds sustained as a result of enemy action on 7 October 2003.



							Susan A. Powers
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070006232
SUFFIX

RECON

DATE BOARDED
20071004
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.