RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 February 2008
	DOCKET NUMBER:  AR20070013982 


	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.  Rial D. Coleman

Analyst


The following members, a quorum, were present:


Ms. Kathleen A. Newman

Chairperson

Mr. Jose A. Martinez

Member

Ms. Susan A. Powers

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 while serving in Iraq, he sustained wounds when the vehicle he was riding in was struck by an improvised explosive device (IED) and should be awarded the Purple Heart.

3.  The applicant provides copies of two one-page memoranda prepared by his former Company Commander and five photos of the scene of the attack as documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant enlisted in the Army on 31 August 1993 and successfully completed basic training and advanced individual training.  Upon completion of advanced individual training, he was awarded military occupational specialty 91B (Medical Specialist).  The records indicate the applicant served honorably until he was medically discharged on 7 March 2007.  The highest grade he attained while serving on active duty was the rank of sergeant/pay grade E-5.

2.  Records show the applicant was deployed to Iraq and Kuwait in support of the Global War on Terrorism.  While serving in Iraq and Kuwait, he was assigned to 1st Battalion, 15th Infantry Regiment, 3rd Brigade, of the 3rd Infantry Division.

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

4.  The applicant's DD Form 214 for the period ending 7 March 2007 does not indicate he was awarded the Purple Heart.  

5.  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.


6.  Headquarters, 1st Battalion, 15th Infantry Regiment, 3rd Brigade, of the 3rd Infantry Division, Fort Benning, Georgia Memorandum for Record, dated 
10 October 2006, SUBJECT:  Line of Duty for [the applicant's rank, name, and social security number], shows on 1 October 2005, the applicant's vehicle was hit by an Improvised Explosive Device (IED) causing the vehicle to flip over.  The memorandum continues that the applicant was treated on the site for head injuries and air evacuated to another location where he received further treatment for a head injury, right shoulder injury, and a bruised lung.  The memorandum also shows that the applicant went through medical screenings to determine whether he was fit for continued active duty service.  The memorandum concludes that the applicant's Post Concussive Syndrome, Post Traumatic Stress Disorder, Major Depressive Episode, and attention Deficit Hyperactivity Disorder are a direct result of the IED explosion experienced on 
1 October 2005.

7.  Headquarters, 1st Battalion, 15th Infantry Regiment, 3rd Brigade, of the 3rd Infantry Division, Fort Benning, Georgia Memorandum for Commander, Martin Army Community Hospital, Fort Benning, Georgia, dated 10 October 2006, SUBJECT:  Physical Condition of [the applicant's rank, name, and social security number], shows the applicant's Company Commander's assessment of his physical and mental condition at the time.  The Commander stated, in effect, that the applicant was incapable of reasonably performing his duties due to his Post Concussive Syndrome, Post Traumatic Stress Disorder, Major Depressive Episode, and attention Deficit Hyperactivity Disorder.  The Commander continued that the applicant was an excellent Soldier, but his physical limitations created a burden for others in the unit and had an adverse impact on readiness.  The Commander recommended the applicant be considered unfit for reasonable performance of his duties.

8.  Department of the Army, Headquarters, United States Infantry Center, Fort Benning, Georgia Orders Number 052-2204, dated 21 February 2007, discharged the applicant from active duty effective 7 March 2007.  The Additional Instructions portion of the orders show, in pertinent part, the applicant was discharged with 20 percent disability and authorized disability severance pay based on a combat-related injury caused by an instrumentality of war and incurred in the line of duty during a period of war.

9.  Block 28 (Narrative Reason for Separation) of the applicant's DD Form 
214 for the period ending 7 March 2007 shows that his reason for discharge was disability and that he was entitled to receive severance pay.

10.  The United States Army Human Resources Command maintains the Interactive Web Services database.  Integrated Web Services is a web-based collection of data, applications, and tools to assist Career Managers and other Human Resource Personnel in supporting Active Army, Army Reserve, and Army National Guard Soldiers, veterans, retirees, family members, and other stakeholders.  Information contained in this database shows the applicant sustained a battle injury on 1 October 2005.

DISCUSSION AND CONCLUSIONS:

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

2.  Local authorities deemed the applicant's wounds serious enough to submit a casualty feeder report through command channels in order for them to become a matter of permanent record on the Human Resources Command Interactive Web Services database.

3.  Official, command-generated correspondence confirms the events of the incident, the applicant's wounds, and his receipt of medical treatment prior to being returned to duty at his unit.

4.  Department of the Army, Headquarters, United States Infantry Center, Fort Benning, Georgia orders further corroborate the applicant sustained a combat-related injury caused by an instrumentality of war and incurred in the line of duty during a war period.

5.  The applicant's DD Form 214 for the period ending 7 March 2007 shows that his reason for discharge was disability and that he was entitled to receive severance pay.

6.  The evidence fulfills all of the prescribed regulatory criteria and is sufficient to base award of the Purple Heart in this case.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show award of the Purple Heart for wounds sustained as the result of a hostile act on 
1 October 2005 while he was serving in Iraq.


BOARD VOTE:

_JM____  KAN____  __SAP___  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 to show award of the Purple Heart for wounds sustained as the result of a hostile act on 
1 October 2005 while he was serving in Iraq.




     _Kathleen A. Newman_
          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.