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ARMY | BCMR | CY2007 | 20070013226
Original file (20070013226.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 January 2008
	DOCKET NUMBER:  AR20070013226 


	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 J. Fowler

Analyst


The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Mr. Paul M. Smith

Member

Mr. Larry C. Bergquist

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 records to show award of the Purple Heart.

2.  The applicant states, in effect, that on 16 March 2005 he sustained an injury during a convoy mission. 

3.  The applicant provides a Standard Form (SF) 600 (Chronological Record of Medical Care), dated 16 March 2005; and a DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 12 December 2005. 

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior active service in U.S. Marine Corps (USMC) and the USMC Reserve.  He enlisted in the Army National Guard on 7 March 2002 and successfully completed basic training and advanced individual training.  

2.  On 3 October 2004, the applicant was ordered to active duty in support of Operation Iraqi Freedom.

3.  A SF 600, dated 16 March 2005, indicates that the applicant stated that he was struck in the face by a knife thrown from a bridge and that the bleeding was controlled by self aid.  He was treated for a minor abrasion to his upper lip.  He was administered triple antibiotic ointment and returned to duty.   

4.  On 12 December 2005, the applicant was released from active duty after completing 1 year, 2 months, and 10 days of creditable active service.

5.  The applicant's DD Form 214 for the period ending 12 December 2005 does not show he was awarded the Purple Heart.  

6.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart.

7.  On 15 September 2006, the Army Casualty Operation Center verified the applicant was not listed on the Iraq/Afghanistan Casualty Roster.

8.  Army Regulation 600-8-22 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.  
DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant sustained a minor abrasion to his upper lip and that he was administered triple antibiotic ointment and returned to duty.  While his injury is unfortunate, there is no evidence in the available records and the applicant has not provided evidence that shows his injury was a result of hostile action. 

2.  The applicant's commander at the time of the incident must have been aware of the incident as well of the severity of the applicant's injury and medical treatment. It appears the commander did not find it appropriate at that time to recommend the applicant for award of the Purple Heart.

3.  Regrettably, in view of the foregoing, there is insufficient evidence that would warrant granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___SLP _  __PMS __  __LCB__  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.





     ___Shirley L. Powell      _
          CHAIRPERSON




INDEX

CASE ID
AR20070013226
SUFFIX

RECON

DATE BOARDED
29 JANUARY 2008
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.


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