RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 January 2008
DOCKET NUMBER: AR20070011514
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. James E. Vick
Chairperson
Mr. Thomas M. Ray
Member
Mr. Jeffrey C. Redmann
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, in effect, that he was injured by an improvised explosive device (IED) while on a routine patrol in Iraq. He further states that the records of his medical treatment for these injuries were lost.
3. The applicant provides copies of his Certificate of Release or Discharge from Active Duty (DD Form 214), a notarized statement that he has an original Certificate of Naturalization in his possession, memoranda from a physician assistant and a patient administrator, sworn statements from himself and three others describing the circumstances of his getting injured, and a trip ticket for the day of the incident.
CONSIDERATION OF EVIDENCE:
1. On 21 January 1999, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 19D3O (Cavalry Scout).
2. The applicant served in the Federal Republic of Germany during the period from 1 April 2002 to 1 April 2003.
3. On 20 August 2004, the applicant was assigned for duty with the 1st Battalion, 71st Armored Regiment.
4. On 9 August 2005, the applicant deployed with his unit for duty in Iraq.
5. On 15 February 2006, the applicant made a sworn statement wherein he said that on 14 February 2006, while traveling in convoy from Forward Operating Base (FOB) Liberty to FOB Justice, the truck he was riding in was struck by an IED. He sustained a concussion, banged up knee, and rectal bleeding. He further stated that he was evaluated by the platoon medic and then was taken to the Troop Medical Clinic, FOB Liberty.
6. On 15 February 2006, two other Soldiers provided sworn statements relating essentially the same information as the applicant provided in his sworn statement. Another similar statement was rendered on 12 June 2006, by yet another Soldier.
7. On 13 April 2006, in a memorandum signed by the Noncommissioned Officer in Charge, Patient Administration, Troop Medical Clinic, FOB Liberty, he stated that emergency care was given to the applicant on 14 February 2006 for battle injury due to an IED. He further stated that there is no other record of his visit [to the clinic] due to complete loss of the electronic medical records following an update and back-up of the system, but that they may be accessed in the United States.
8. The applicant returned to the United States on 16 July 2006.
9. On 5 March 2007, in a memorandum signed by the 1st Battalion, 71st Cavalry Physician Assistant, he stated that the applicant received injuries on 14 February 2006 from an IED and was immediately taken to FOB Liberty where he was given medical treatment by the physician assistant in charge of the treatment facility for a minor concussion, right knee injury, and rectal bleeding. He also stated that there are no records of this treatment due to the complete loss of the electronic medical records resulting from a system back-up failure.
10. On 22 March 2007, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-8 for parenthood. He had attained the rank of staff sergeant, pay grade E6, and had completed 8 years, 2 months, and 2 days of creditable active duty during this period of active duty.
11. 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 (two awards), Army Achievement Medal (three awards), Army Good Conduct Medal (three awards), National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, Noncommissioned Officers Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon (two awards), Combat Action Badge, and the Driver and Mechanic Badge with Driver-Tracked Vehicle Clasp. The Purple Heart is not listed.
12. 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 these injuries received medical treatment. Therefore, his request for award of the Purple Heart should be granted.
BOARD VOTE:
_ JEV___ __TMR__ __JCR __ 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 received on 14 February 2006.
____ James E. Vick ____
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.
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