RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 March 2008
	DOCKET NUMBER:  AR20070013771 


	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. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. Frank C. Jones

Chairperson

Ms. Carmen Duncan

Member

Mr. Scott W. Faught

Member

	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, reconsideration of his earlier request to the Army Board for Correction of Military Records (ABCMR) for award of the Purple Heart and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

2.  The applicant states, in effect, that in the Record of Proceedings, dated 28 August 2007, Consideration of Evidence, page 3, paragraph 11, it stated that the "applicant's service medical records were not available for the Board's review."   However, an attached letter, from the National Personnel Records Center (NPRC), St. Louis, indicates that his records were sent to the Board for review.  The applicant is now inquiring about where the records were and whether they should have been reviewed.  He asks why would St. Louis state that his records were forwarded to the Board, if they were not?  He also asks, "where are my service medical records?"  

3.  He states that on page 4, of the Record of Proceedings, Discussion and Conclusions, paragraph 3, the words "there is no clear indication that the injuries were incurred as a result of hostile action."  He asks, why is that a question?  He did not blow the truck up.  As far as he knows, our Government did not blow the truck up.  They were in a hostile area.  He states that common sense would tell you that the enemy did blow the truck up and how does he prove that?  He does not understand how he can prove it was an enemy action.  He was in a war zone. The truck was blown up and he was injured.  He concludes that these are the facts as he knows them and that he feels like the information he provided would have resulted in an award of the Purple Heart and its addition to his DD Form 214.

4.  The applicant provides a copy of his previous Record of Proceedings, dated 28 August 2007, a copy of his PEB (Physical Evaluation Board) proceedings, and a copy of a letter from the NPRC in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070003846 on 28 August 2007.


2.  The applicant’s claim to entitlement to award of the Purple Heart was carefully considered and it was concluded that: 

	a.  The portion of the DA Form 2173 (Statement of Medical Examination and Duty Status) completed, and signed, by the attending physician reports the applicant's "vehicle struck an object."  However, there was no indication that the object was an IED (improvised explosive device) or bomb;  

b.  Item 30 (Details of Accident – Remarks) of the report is written in the first person and appears to be the statement of the applicant and not the unit commander;

c.  The line of duty investigation concluded the applicant's injuries were incurred in the line of duty.  However, there was no clear indication that the injuries were incurred as a result of hostile action;

	d.  The applicant's medical records were not available for the Board's review.  The results of the applicant's processing in the disability processing system were not available for the Board's review.  Therefore, there was no substantiating evidence to verify that the applicant's injuries were the result of hostile action, the injuries required treatment, or that the medical treatment was made a matter of official record; and

e.  The information provided in the third party statements provided by the applicant were carefully considered.  However, given the lack of any corroborating evidence of record and the applicant's own signature authenticating the accuracy of his DD Form 214, these statements alone were insufficient as the basis for award of the Purple Heart.

3.  The applicant's new argument, as stated in his request, is that his service medical records were not available for the Board's review.  However, the attached letter from St. Louis stated that his records were sent to the Board for review.  Also, on page 4, of the Record of Proceedings, Discussion and Conclusions, paragraph 3, the statement "there is no clear indication that the injuries were incurred as a result of hostile action," and he asks why that was a question?  He did not blow the truck up.  As far as he knows, our Government did not blow the truck up.  They were in a hostile area.  He states that common sense would tell you that the enemy did blow the truck up and how does he prove that?  He does not understand how he can prove it was an enemy action.  He was in a war zone.  The truck was blown up and he was injured.  He concludes that these are the facts as he knows them.

4.  The applicant provided medical evidence that was previously discussed in his original Board proceedings.

5.  The applicant provided a copy of his PEB proceedings, dated 12 October 2005.  He was diagnosed as a having chronic back pain, without significant neurologic abnormality, thoracolumbar range of motion limited by pain, antalgic gait, cane required and chronic bilateral knee pain, rated as slight, not requiring daily narcotic therapy/constant.  The reverse side of his PEB proceedings are unavailable for review. 

6.  The applicant provided a copy of an aeromedical evacuation patient record that shows his flight from Iraq to Germany and Germany to Fort Stewart.  The evaluation indicated that he was diagnosed as having right knee degenerative joint disease.

7.  The applicant provided a copy of a letter from the NPRC, St. Louis, which informed him that his records were on loan to the Army Review Boards Agency (ARBA) for review and that the Board could not make a fair, impartial, and equitable determination of his case without these records.

8.  Information provided by the Army Human Resources Command (AHRC), revealed that applicant's name did not appear on the Iraq Casualty List.  

9.  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.  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 treatment, and the medical treatment must have been made a matter of official record.

2.  The applicant's new argument was considered by the Board.  However, he was informed by letter, from the NPRC, that his records were on loan to the ARBA for review and that the Board could not make a fair, impartial, and equitable determination of his case without these records.  His proceedings 
clearly indicated that his service medical records were not available for the 
Board's review.  It is logical to presume that the medical records were not enclosed with the records that were made available for review at the time of preparation of his original review by the Board.

3.  The applicant inquired as to why the words "there is no clear indication that the injuries were incurred as a result of hostile action" were in question.  He indicated that he did not blow up the truck and as far as he knows, our Government did not blow up the truck.  They were in a hostile area and that common sense would tell you that the enemy did blow the truck up and how does he prove that?  He could not understand how he could prove that it was enemy action.  He was in a war zone, the truck was blown up and he was injured.  

4.  The applicant's injuries were considered in line of duty, as stated in his previous Record of Proceedings; however, there is no clear indication that the injuries he sustained were incurred as a result of hostile action.  His name did not appear on the Iraq Casualty List.  Based on the facts presented, and after a review of the original Record of Proceedings, the Board has determined that the evidence presented is insufficient to award the Purple Heart to the applicant.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__FJ____  __CD___  __SF____  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 to amend the decision of the ABCMR set forth in Docket Number AR20070003846, dated 28 August 2007.




_____Frank C. Jones_____
          CHAIRPERSON




INDEX

CASE ID
AR20070013771
SUFFIX

RECON
AR200700003846
DATE BOARDED
20080311
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20051118
DISCHARGE AUTHORITY
AR 635-40  TDRL
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.