RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 September 2007
DOCKET NUMBER: AR20070006732
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. William D. Powers
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Jerome L. Pionk
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 military records to show award of the Purple Heart for wounds received in Iraq.
2. The applicant states that he was injured by an improvised explosive device (IED) in Iraq.
3. The applicant provides copies of his Certificate of Release or Discharge from Active Duty (DD Form 214), witness statement, medical treatment record, and the Department of Veterans Affairs Rating Decision.
CONSIDERATION OF EVIDENCE:
1. On 1 October 2003, the applicant, a specialist, pay grade E4, in Company A, 1st Battalion, 120th Infantry Regiment, North Carolina Army National Guard, was ordered to active duty with his unit, in support of Operation Iraqi Freedom.
2. The applicant served in the Iraqi Theater from 29 February 2004 to
10 January 2005.
3. On 3 July 2004, a staff sergeant in the applicants unit completed a formal statement indicating that he received injuries from an IED on 1 July 2004 while traveling in an M113 personnel carrier. In his statement he says that the applicant was in the vehicles hatch at the time and that he had dropped down into the vehicle to inquire about his injuries. The staff sergeant further stated that upon return to forward Outpost Warhorse, he was taken to the troop medical clinic for treatment.
4. The medical record provided by the applicant, shows that on 1 July 2004, he received a blast injury from an IED while in a M113 personnel carrier. He suffered from headaches and pain to his right elbow, neck and back. He was medically examined and was prescribed medication for his pain.
5. On 22 February 2005, the applicant was honorably released from active duty and transferred back to his Army National Guard unit. He had completed 1 year, 4 months, and 22 days of creditable active duty during this period of active service. It also showed that he had completed 3 months and 25 days of prior active duty and 1 year, 8 months, and 2 days of prior inactive duty.
6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 lists his awards as the Army Commendation Medal, Army Achievement Medal, Army Reserve Components Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Armed Forces Reserve Medal with "M" Device, Combat Infantryman Badge, Driver and Mechanic Badge with Driver-T Bar, and the Army Service Ribbon. The Purple Heart is not listed.
7. 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.
DISCUSSION AND CONCLUSIONS:
The evidence clearly shows that the applicant suffered injuries as a direct result of enemy action and that his injuries received medical treatment. Therefore, his request for award of the Purple Heart should be granted.
BOARD VOTE:
_ __JLP_ __LMD__ _WDP___ 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:
a. awarding him the Purple Heart for wounds received on 1 July 2004 while serving in Iraq;
b. showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart.
___ William D. Powers__
CHAIRPERSON
INDEX
CASE ID
AR20070006732
SUFFIX
RECON
DATE BOARDED
20070925
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107
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