RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 January 2008
	DOCKET NUMBER:  AR20070011068 


	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. Antoinette Farley

Analyst


The following members, a quorum, were present:


Mr. David K. Haasenritter 

Chairperson

Mr. James R. Hastie

Member

Mr. Edward E. Montgomery

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 in the line of duty while in combat in Alyusifiyah, Iraq.  The applicant states he was returning enemy fire from his vehicle when they experienced numerous improvised exploding devices (IED) going off around them.  The applicant continues that he experienced injuries due to the effects of the explosions, and should be awarded the Purple Heart.

3.  The applicant provides copies of his Line of Duty Investigation Report, dated 3 April 2006; DA Form 3349 (Physical Profile), dated 23 March 2006; DA Form 2823 (Sworn Statement) from his Sergeant, dated 29 October 2006; and an eyewitness statement, dated 29 December 2006 in support of this claim.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant is a member of the Retired Reserve. 

2.  Department of the Army, Headquarters, Fort Stewart and Hunter Army Airfield, Fort Stewart, Georgia Permanent Orders 136-12, dated 16 May 2005, show that the applicant was ordered to duty in support of Operation Enduring Freedom on 12 February 2006.  

3.  A letter from the Commander, U.S. Army Human Resources Command, St. Louis, Missouri, dated 3 April 2006, show that the applicant's injuries were sustained in the line of duty. 

4.  The applicant provided DA Form 3349 (Physical Profile), dated 15 March 2007, which shows the he was diagnosed with chronic back pain status post right L3 and L4, surgery, status post chronic left knee pain arthroscopic surgery.  [A physical profile provides an index to the overall functional capacity of a Soldier and is used to assist the unit commander and personnel officer in their determination of what duty assignments the Soldier is capable of performing, and if reclassification action is warranted.]  The medical corps officer awarded the applicant a temporary profile of P3-U1-L3-H1-E1-S1 with numerous restrictions.  This form also shows the applicant was receiving physical therapy treatment daily.


5.  Standard Form 600 (Chronological Record of Medical Care), dated 2 July 2006, shows that the applicant was a gunner in a Humvee when he experienced an IED Blast causing him pain in his back.  A second entry in his medical records show he experienced hip and thigh pain that radiates down the left side of his leg.  

6.  A DA Form 2823 (Sworn Statement), dated 5 September 2005, from the applicant shows he injured his back and suffered pain in his back while training for deployment on 21 March 2005.  The applicant continues that on 26 June 2005, he was involved in an IED Blast while fighting the enemy as a gunner which caused him to injure his back.

7.  A DA Form 2823, dated 11 October 2006, shows that a staff sergeant witnessed the applicant being ambushed with a daisy chain of IED's.  The witness continues that the IED's exploded around them and noticed that the applicant fell down inside the vehicle.  The witness continues the applicant started complaining later that day about pain in his lower back.  The witness further states that the applicant was evaluated by C Company 108th Medic. 

8.  A Memorandum for Record from Headquarters, 1st Battalion, 108th Armor of the 48th Brigade Combat Team, Calhoun, Georgia, dated 29 December 2006, was prepared by his commanding officer.  The memorandum addresses an update of the applicant's service, detailing the events of the explosion, and the applicant's follow on medical care.  The memorandum continues that his platoon encountered over 40 improvised explosive devices and/or roadside bomb attacks on the section of road where the IED attack took place.  The memorandum continues that the applicant complained on many occasion of back and leg injuries during the IED strikes which resulted in numerous tests and therapy.  The memorandum continues that the applicant was returned to duty prior to him healing because of the manpower shortages.  The memorandum concluded by stating that the applicant had previous pains in his back that were sustained during training in Fort Stewart, Georgia, that were documented in his medical record.   

9.  On 5 September 2007, a Physical Evaluation Board (PEB) was convened at Fort Sam Houston, Texas.  The PEB proceedings show that the applicant was diagnosed with a Post Traumatic Stress Disorder rated at 30 percent, Intervertebral Disc Syndrome Status Post Right L3-4 and L5-6 modified Microdiscectomy.  The injury to applicant's back was secondary to IED Blast in Iraq in May 2005, without Neurologic Abnormality rated at 10 percent and Chronic left knee pain status post left knee Arthroscopy with Meniscectomy and Debridement of the Patellar Tendon in 2002 and repeat Arthroscopic repair 11 April 2007 rated at 10 percent disability.  The members of the PEB found the applicant was physically unfit for active duty in his grade and rank and recommended a disability rating of 40 percent.  The PEB further recommended that the applicant be placed on the TDRL with a reexamination on March 2009. 

10.  State Military Department Joint Force Headquarters Alabama National Guard, Montgomery, Alabama Orders Number 324-516, dated 20 November 2007, shows the applicant on 8 November 2007, would be honorably discharged from the National Guard, and placed on the TDRL with a 40 percent disability rating.

11.  The applicant's name does appear on the Iraq Casualty Roster maintained by the U.S. Army Human Resources Command.

12.  The applicant's Official Military Personnel File (OMPF) does not indicate he was awarded the Purple Heart.  

13.  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, and the medical treatment must have been made a matter of official record.  A physical lesion is not required, however, the wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Purple Heart due to the injuries he received as the direct result of a hostile action was carefully considered and determined to be with merit.

2.  Medical records confirm the applicant was examined, treated, and prescribed follow-on treatment by a medical officer for the injuries he received as a direct result of hostile action on 26 June 2005.

3.  Evidence of record shows that the applicant was honorably discharged from the National Guard, and placed on the TDRL with a 40 percent disability rating on 8 November 2007, which was as a direct result of the injuries he incurred in Iraq.


4.  Sworn statements further corroborate the events of the incident, and his receipt of medical treatment.

5.  Based on the foregoing, it would be appropriate in this case to award the applicant the Purple Heart for injuries sustained in action on 26 June 2005, while he was serving in Iraq.

BOARD VOTE:

__DKH__  _JKH___  __EEM___  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 showing the applicant was awarded the Purple Heart for a injuries sustained in Iraq as a direct result of hostile action on 26 June 2005.




_David K. Haasenritter__
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.