RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 January 2008
	DOCKET NUMBER:  AR20070011736 


	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:


Mr. William D. Powers

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Donald W. Steenfott

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 that he was injured in an ambush in Iraq, but was never awarded the Purple Heart or any other medals or decorations.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 8 February 2005;

	b.  Headquarters, 1st Cavalry Division, Baghdad, Iraq, Permanent Orders Number 168-08, dated 16 June 2004, Unsigned;

	c.  a self-authored statement, dated 10 August 2007;

	d.  a DA Form 2823 (Sworn Statement), undated, not witnessed, and not administered;

	e.  a newspaper article with photograph of another Soldier receiving the award of the Purple Heart;

	f.  photographs of damaged military vehicles;

	g.  a self-authored letter, dated 12 April 2005, addressed to the Traylor Chiropractic Clinics;

	h.  a Traylor Chiropractic Clinic Report of Medical Findings, dated 1 June 2005;

	i.  Standard Forms (SF) 600 (Chronological Record of Medical Care) pertaining to the applicant with multiple dates;

	j.  DD Forms 689 (Individual Sick Slip), dated 8 and 29 June 2004; and

	k.  the DA Form 2-1 (Personnel Qualification Record).




CONSIDERATION OF EVIDENCE:

1.  The applicant is a specialist (SPC)/E-4 in the Arkansas Army National Guard (ARARNG) who initially enlisted on 27 January 1982.  He holds military occupational specialty (MOS) 11B (Infantryman).  

2.  The applicant's records show that he was ordered to active duty with his unit for a period not to exceed 730 days in support of Operation Iraqi Freedom.  He reported to the mobilization station at Fort Hood, Texas, on 28 October 2003.  He served in Iraq during the period 6 March 2004 to 4 September 2004.  He was assigned to Detachment 1, Troop E, 151st Cavalry.  He was separated on 9 February 2005 by reason of hardship under chapter 6 of Army Regulation
635-200 (Personnel Separations).

3.  The applicant's records do not contain a DA Form 2173 (Statement of Medical Examination and Duty Status) showing details of the incident.  However, the applicant provided sufficient documentation that shows he was involved in an accident on 14 May 2004 when the High Mobility Multipurpose Wheeled Vehicle (HMMWV) he was driving was rear-ended by a military five-ton truck traveling at a high rate of speed.  The applicant suffered back and knee injuries.

4.  The applicant provided a copy of Headquarters, 1st Cavalry Division, Baghdad, Iraq, Permanent Orders Number 168-08, dated 16 June 2004, awarding him the Purple Heart for wounds received as a result of hostile enemy action on 15 May 2004.  However, these orders are not authenticated by the approving official.  

5.  In a self-authored statement, dated 10 August 2007, the applicant stated that he suffered a torn disc in his lower back and injured his knees when a five-ton truck hit the back of his HMMWV.  He also states that he collapsed in the middle of the highway after the impact, was given a pain pill, and was subsequently transported to a combat hospital for medical treatment.

6.  In an undated and authenticated sworn statement, the applicant described the events that took place on 14 May 2004.  He stated that the lead vehicle of the convoy he was in came into contact with small arms fire, Improvised Explosive Devices (IED), and indirect fire.  When the weapons fire stopped, a truck pulled out and crossed into the open at a high speed and hit the vehicle he was driving.



7.  The applicant provided a photograph of another Soldier who was assigned to the same unit and was part of the same convoy on 14 May 2004, receiving the Purple Heart.  The applicant also provided two photographs of the damaged HMMWV.

8.  In a self-authored letter, dated 12 April 2004, addressed to a civilian chiropractic clinic (Traylor Chiropractic Clinic), the applicant restates the events that led to his back and knee injuries and solicits assistance for treatment from that clinic.

9.  The applicant also provided a copy of the Traylor Chiropractic Clinic medical report, dated 1 June 2005, detailing the applicant's X-Ray and other findings.

10.  The applicant's chronological record of medical care shows that he was treated at the 2nd Battalion, 7th Cavalry, Battalion Aid Station on miscellaneous dates for lower back pain and shoulder pain.  One entry dated 17 May 2004, states that the applicant was ambushed along with others on Friday night when a five-ton truck rear-ended their vehicle.  He was thrown forward and backward and hit his knees against the dashboard.

11.  A staff member of the office of the Deputy Chief of Staff for Personnel, G-1, 1st Cavalry Division, Fort Hood, Texas, stated on 18 December 2007, that the Division is currently in the process of redeployment and that most of its equipment and logistics are boxed up in preparation for redeployment.  The earliest they can access the database to verify authenticity of the unsigned Permanent Orders would be at the end of January 2008. 

12.  A staff member of the Casualty Operations Division, Human Resources Command, Alexandria, Virginia, verified that no casualty report was made for an ambush or an incident on 14 May 2004 pertaining to the applicant.

13.  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 by military medical personnel, and the medical treatment must have been made a matter of official record.





DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the Purple Heart and the supporting evidence provided were carefully considered.  However, in order to support award of the Purple Heart, there must be evidence confirming that the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by military medical personnel, and a record of this treatment must have been made a matter of official record.

2.  The applicant's claim that he sustained back and knee injuries while serving in Iraq is not in question.  However, given he was treated at the military medical clinic throughout the months of May and June 2004, as evidenced by the chronological record of medical care he provided, it must be presumed that military medical officials and the applicant's chain of command did not consider his back and knee injuries were related to hostile action by the enemy, or that the circumstances under which those injuries were affected supported award of the Purple Heart. 

3.  The evidence of record contains no orders, or other documents confirming that the applicant's injury was caused by his participation in direct or indirect combat operations.  Further, the Purple Heart is not included in the list of authorized awards contained on his DD Form 214.  Therefore, absent corroborating evidence confirming the applicant's account of how he received his injury (eyewitness accounts, chain of command supporting letters, etc.), the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

4.  In view of the foregoing, there is no basis for granting the applicant's request

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__wdp___  __jlp___  __dws___  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

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 correction of the records of the individual concerned.



							William D. Powers
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070011736
SUFFIX

RECON

DATE BOARDED
20080110
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.