RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	8 January 2008  
	DOCKET NUMBER:  AR20070010362 


	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.


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	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, that he be awarded the Purple Heart for wounds he received in combat operations in support of Operation Enduring Freedom in Afghanistan.

2.  The applicant states, in effect, that he was a member of the 3rd Battalion, 3rd Special Forces Group, conducting combat operations.  Taliban forces had placed landmines at Bagram, in October 2001, to defeat United States and North Atlantic Treaty Organization (NATO) Special Forces units.  Medical treatment records were made at the time he was wounded; however, because of a head wound, when asked, he couldn't think to give clear answers to give the full picture of what had happened on 12 January 2007.

3.  The applicant continues, in effect, the explosion was such that it caused blood to come from his left nose and his left eye was closed.  He was sick to his stomach and he could not stand.  After he went on mission, the medics saw him in the field and he was not thinking clearly.  When he got back and went on sick call at Camp Vance, he was experiencing the effects of the explosion and blow to the left side of his head.  He was not talking clearly, crying, and depressed.  All this was from the wound.

4.  The applicant continues that he did not have a problem before this landmine explosion hit him.  He was sent back to the United States and was discharged.  At the time they acted like he had made this up.  For his honor, he states, it is very important to get this clarified as soon as possible.  He summarizes by stating he feels he earned the Purple Heart and that he was fighting the enemy as best he could.  He is still being treated for his memory loss and PTSD (posttraumatic stress disorder) and so his application to the Board will not be perfect; however, he hopes the Board will see that he was wounded in today's high risk war.  This, he adds, is not his father's World War II-type war but one of IEDs (Improvised Explosive Devices) and landmines.  He asks the Board to please note, "the mission begins when you wake up and show up; the landmine was on the enemy side of the wall outside the wire and was there to kill or to wound US NATO forces."

5.  In support of his request, the applicant submitted a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty; three unofficial photographs purported to be of himself in battle-dress uniform; and a copy of sixteen assorted documents, including orders, memorandums pertinent to his early release from active duty, sworn statements prepared by himself and an Army Staff Sergeant, 

a copy of a Standard Form (SF) 513 (Consultation Sheet), a copy of an SF 600 (Chronological Record of Medical Care), a copy of DD Form 2697 (Report of Medical Assessment), a copy of a Multidisciplinary Discharge Note, and a copy of a letter addressed to his Member of Congress (MOC) by the U.S. Army Human Resources Command, Alexandria, Virginia, and in turn addressed to him.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was commissioned in the Regular Army as a Reserve Officer Training Corps, Distinguished Military Graduate, on 7 June 1973.  He entered active duty on 13 September 1973.  The records show he continued to serve on active duty until 30 September 1993, when he was honorably released from active duty, in the rank of major, for the purpose of retirement – for length of service.  At the time he was placed on the retired list, the applicant had completed 20 years and 18 days active military service.

2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All Periods of Service)), of the applicant's DD Form 214, dated 30 September 1993, shows he was awarded:  the Defense Meritorious Service Medal; the Meritorious Service Medal (3d Award); the Army Commendation Medal; the Army Achievement Medal (2d Award); the National Defense Service Medal (2d Award); the Army Service Ribbon; the Overseas Service Ribbon; the Air Assault Badge; the Parachutist Badge; the Ranger Tab; and the Expert Infantryman Badge.

3.  The applicant volunteered for recall to active duty from his retired status in support of Operation Enduring Freedom and was ordered to active duty on 26 November 2006.  The applicant was ordered to active duty for a period not to exceed 174 days, unless extended or terminated by proper authority.

4.  On 12 December 2006, orders 346-80 were published by Headquarters, US Army Infantry Center, Fort Benning, Georgia, assigning the applicant for duty with the Combined Joint Special Operations Task Force, Afghanistan.  The applicant arrived in Afghanistan, a designated imminent danger pay area, on 26 December 2006.

5.  On 14 January 2006 (sic 2007), the applicant was treated and released by a Special Operations Command medical person.  At the time, he complained he had been injured when a rifle fell from a weapons rack and the barrel had struck him in the area of his left eye on 12 January 2007.

6.  On 15 January 2007, a memorandum was prepared at the Combined Joint Special Operations Task Force – Afghanistan, Bagram Airfield.  This memorandum served as official notice the applicant was being released from the theater of operations to proceed back to his unit of assignment to be released for medical reasons.

7.  On 17 January 2007, a memorandum was prepared at the Combined Joint Special Operations Task Force – Afghanistan, Bagram Airfield.  Authorization was given by the Commander for the applicant's return to the Continental United States.

8.  In e-mail traffic dated 27 January 2007, which was sent at 0421 hours, a sentence appears which states, "Maj Y******** was stationed at Camp Vance, Bagram, Afghanistan.  It is a secure base, and at no time during his rotation was he under direct or indirect fire."  A reply was made at 0536 hours that included the sentence, "… Y********, he DID NOT sustain any injuries while performing duties for the CJSOTF-A [Combined Joint Special Operations Task Force – Afghanistan] or during his deployment to this HQs [Headquarters]."  The e-mail indicated the applicant had other medical-related problems, that he had taken himself off prescribed medications prior to his deployment, and that his symptoms were progressively getting worse.  The e-mail indicated he had been issued a light duty profile and it had been determined that he was unfit for duty with the CJSOTF-A.

9.  Item 18 (Remarks), of the applicant's DD Form 214, dated 16 February 2007, shows he was redeployed to the United States on 19 January 2007.

10.  On 20 January 2007, the applicant prepared a sworn statement.  In this statement, he gave details about his activities in preparing to move out of the airfield on convoy.  He states that "Just as I was reaching for my M-4 Rifle, to take it with me, a very loud explosion happened at about 0600Z 12 January 2007.  It was so big it shook the whole building/bunker and at that time a captured weapon type M-1 Garand or RPD [Ruchnoi Pulemet Degtyarev, a Soviet-made, light machine gun] flew off the top right side of rack and the barrel of the weapon hit me really hard on the left side of my head at the left eye area."  He continued his sworn statement describing events that transpired the remainder of the day until he returned to the airfield.

11.  On 20 January 2007, a noncommissioned officer in the rank of staff sergeant prepared a sworn statement.  In this statement, he describes having pulled security on the local national workers on the west wall of Camp Vance of Bagram Airfield.  At around 0600 hours, a local digger hit a landmine that caused a very big explosion that sent shrapnel flying 50 feet into the air right after the explosion.  He concluded his statement by saying that none of the workers or he was injured in this situation.  This noncommissioned officer was apparently not an eyewitness to the incident that allegedly caused the applicant's injury.  Based on the verbiage in his statement, it appears this noncommissioned officer did not personally see the weapon fall and cause the alleged injury to the applicant's eye.

12.  On 23 January 2007, an SF 513 was prepared at Martin Army Community Hospital, Fort Benning, Georgia.  During the consultation, at the time he was being diagnosed, he reported he had been injured after a landmine explosion.  He stated, in effect, he had been struck in the left temple by a weapon and was fine until then.  He described his pain at 20, on a scale of 1 to 20.  Comments made on the SF 513 were summarized on a DD Form 2697.  The first entry in Item 20 (Health Care Provider Comments), of this form, states, "LOD (Line of Duty) Afghanistan, 12 January 2007, Mine explosion documented = following injury profile for evaluation @ MACH [Martine Army Community Hospital]:
a.  struck in the left temple by a weapon falling from a rack = "20 of 20" (L) temporal facial pain. . . . zygoma ecchymosis (resolved / edema (resolved).  0 deformity/crepitus."

13.  The applicant was hospitalized at Martin Army Community Hospital for the period from 23 through 26 January 2007.  The chief complaint upon admission was, "depression and headache."  He indicated on admission to the hospital he had experienced these headaches for 12 days before being admitted to the hospital.

14.  On 12 December 2007, an ABCMR staff member made an inquiry to the Casualty Assistance Office, US Army Human Resources Command, Alexandria, Virginia, to determine if the applicant had been the subject of a casualty report (wounded in action and/or hospitalized) in January 2007, while he served in Afghanistan.  There is no record the applicant was reported as wounded in action or hospitalized in Afghanistan in January 2007.

15.  On 8 February 2007, authority for the applicant's early release from active duty was given by the Deputy Assistant Secretary (Human Resources), Office of the Assistant Secretary, Manpower and Reserve Affairs, Washington, DC.

16.  The applicant was honorably released from active duty and returned to the Retired Reserve on 16 February 2007, in accordance with Army Regulation (AR) 600-8-24, paragraph 2-25A.

17.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All Periods of Service)), of the applicant's DD Form 214, dated 16 February 2007, shows he was awarded the National Defense Service Medal (3d Award), the Afghanistan Campaign Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Armed Forces Reserve Medal with "M" Device.  The Purple Heart is not shown.

18.  On 28 March 2007, the applicant applied to the US Army Human Resources Command for award of the Purple Heart through his Member of Congress (MOC).  On 3 April 2007, he was notified through his MOC, his request for this award was denied because he had failed to meet the criteria for the award.  It appears he had not submitted documentation reflecting medical treatment following the incident and the wound or injury was not the result of direct enemy action (emphasis added). Representatives of the US Army Human Resources Command stated, in effect, they had reviewed the documentation provided and noted that on 12 January 2007, an Afghan National had accidentally (emphasis added) set off a landmine adjacent to the building where the applicant was drawing his rifle from the weapons cache.  As a result of the explosion, a large weapon fell and struck Major Y******* on the side of the head.  Unfortunately, they added, "Major Y*******'s injuries were not a result of enemy action and an award of the Purple Heart cannot be authorized.  Additionally, injuries accidentally incurred (emphasis added) in a combat zone do not entitle an individual to an award of the Purple Heart."

19.  AR 600-8-22 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 by military medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.

2.  The evidence show the applicant sought treatment for an alleged eye injury two days after a landmine was accidentally detonated at Bagram Airfield, Afghanistan, while the applicant served there.  A statement by a noncommissioned officer indicates there was a landmine explosion; however, there is an absence of any 

verbiage to indicate he saw the alleged weapon fall from a gun rack and strike the applicant in the eye and thus causing his injury.  It appears medical treatment records related to his injury were written and are based on information provided to triage personnel by the applicant himself.

3.  While the applicant indicated the landmine was placed there by Taliban forces to defeat United States and NATO forces, there is no evidence and he provided none to connect the landmine to the enemy and to support his statement.  Who planted the landmines was not determined or discussed in any of the records reviewed by the Board.

4.  The photographs the applicant provided in support of his request are not "official US Army photographs" and therefore are not acceptable as evidence in this case.  There is no indication on any of the photographs of the time, date, or location at which they were taken and no positive identification of the person who was photographed.

5.  In the processing of this case, the Casualty Assistance Office, US Army Human Resources Command, was contacted to determine if a casualty report had been submitted pertaining to the alleged combat-related wound or injury.  That office had no information to corroborate the applicant's allegation he had been wounded while he served in Afghanistan.

6.  On the date of his release from active duty, the applicant signed his DD Form 214.  There is no indication the applicant contested the omission of the Purple Heart from his DD Form 214 with personnel at the separation point.

7.  The applicant's signature on the DD Form 214 attests to the accuracy and completeness of the information recorded on his separation document; therefore, the applicant is not entitled to award of the Purple Heart and to have it recorded on his DD Form 214.

8.  All awards received by the applicant which appear on his DD Form 214, with an effective date of 30 September 1993, were not transposed to his last issued DD Form 214 in accordance with applicable regulation.  He is entitled to have all his awards for all periods of service not already shown on the DD Form 214, with an effective date of 16 February 2007, added to his DD Form 214 at this time.  The awards which are not currently shown are the Defense Meritorious Service Medal, the Meritorious Service Medal (3d Award), the Army Commendation Medal, the Army Achievement Medal (2d Award), the Overseas Service Ribbon, the Air Assault Badge, the Parachutist Badge, the Ranger Tab, and the Expert Infantryman Badge.

9.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x____  ___x__  ___x__  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 award of the Purple Heart to 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, in addition to those awards already-shown on his DD Form 214, with an effective date of
16 February 2007, the following awards which he earned in all periods of his service:  the Defense Meritorious Service Medal, the Meritorious Service Medal (3d Award), the Army Commendation Medal, the Army Achievement Medal (2d Award), the Overseas Service Ribbon, the Air Assault Badge, the Parachutist Badge, the Ranger Tab, and the Expert Infantryman Badge.




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          CHAIRPERSON



INDEX

CASE ID
AR20070010362
SUFFIX

RECON

DATE BOARDED
20080108
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY with NOTE
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.
107.0015
3.

4.

5.

6.