RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 February 2008
	DOCKET NUMBER:  AR20070014050 


	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:


Mr. John T. Meixell   

Chairperson

Ms. Carmen Duncan  

Member

Ms. Rea M. Nuppenau

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 in two separate improvised explosive device (IED) attacks which occurred within minutes of each other and should be awarded the Purple Heart.

3.  The applicant provides DA Form 1155 (Witness Statement on Individual), DA Form 1156 (Casualty Feeder Report), Standard Form 513 (Consultation Sheet), two DD Forms 689 (Individual Sick Slip), Standard Form 600 (Chronological Record of Medical Care), and DA Form 2173 (Statement of Medical Examination and Duty Status) as documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving as a member of the New York Army National Guard.  Records show he enlisted in the New York Army National Guard on 11 April 1997 and successfully completed basic training and advanced individual training.  Upon completion of advanced individual training, he was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).  On 2 May 1998, the applicant reclassified MOS 19D (Cavalry Scout).  The records indicate the applicant has served honorably to date.  The highest grade he attained thus far is the rank of sergeant (SGT)/pay grade E-5.

2.  Office of the Adjutant General, State of New York, Latham, New York Orders Number 275-040, dated 1 October 2004 ordered the applicant to active duty in support of Operation Iraqi Freedom effective 14 October 2004 for a period not to exceed 560 days.  While serving in Iraq and Kuwait, he was assigned to Headquarters and Headquarters Company, 42nd Infantry Division (Mechanized).

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 19 November 2005 shows the applicant served in Kuwait and Iraq during the period of 11 January 2004 through 1 November 2005.  This DD Form 214 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.  A Purple Heart is authorized for the first wound suffered under the conditions indicated above, but for each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon.

6.  DA Form 1156, dated 9 July 2005, shows the applicant was lightly wounded in action as the result of two incidents which occurred at 10:46 am and 10:53 am on 9 July 2005 in Samarra, Iraq.

7.  Standard Form 600, dated 9 July 2005, shows the applicant was treated for shrapnel wounds he sustained in two consecutive IED attacks.  The shrapnel caused lacerations to his forehead, cheek, neck, outer ear, and mustache area.  According to witnesses, the applicant lost consciousness for a few seconds following the first attack and for about ten to twenty seconds following the second attack.

8.  DD Form 689, dated 9 July 2005, shows a medical officer assigned the applicant to quarters for a period of twenty-four hours and referred him to an audiologist for further consultation.

9.  DA Form 1155, dated 11 July 2005, shows the vehicle the applicant was traveling in was struck by an IED and the explosion caused him to bleed from his ear.  Seven minutes later, while being towed, the vehicle was struck by another IED and the applicant received lacerations to his face.

10.  DD Form 689, dated 1 August 2005, shows the applicant was returned to duty with instructions to wear hearing protection.

11.  DA Form 2173, dated 28 September 2005, shows the applicant was admitted to a military medical treatment facility on 9 July 2005 for wounds sustained in two IED detonations.  The attending physician determined the applicant was injured in the line of duty and diagnosed him with a concussion, lacerations, and tinnitus.


12.  Headquarters, 42nd Infantry Division (Mechanized) Permanent Orders
210-70, dated 29 July 2005, awarded the Combat Action Badge to the applicant for actively engaging or being engaged by the enemy during the period 29 January 2005 through 9 July 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 multiple wounds serious enough to submit a casualty feeder report and witness statement through command channels in order for them to become a matter of permanent record.

3.  Medical documentation confirms the events of the two incidents during which the applicant sustained multiple combat-related injuries caused by two instrumentalities of war and incurred in the line of duty during a war period, and his receipt of medical treatment prior to being returned to duty at his unit.

4.  Headquarters, 42nd Infantry Division (Mechanized) Orders awarded the Combat Action Badge to the applicant for actively engaging or being engaged by the enemy for a period ending the date of the two incidents in which he was wounded and subsequently hospitalized.

5.  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 two Purple Hearts and correction of his records to show award of the Purple Heart with First Oak Leaf Cluster for wounds sustained as the result of two hostile acts on 9 July 2005 while he was serving in Iraq.

BOARD VOTE:

_JTM___  __CD___  __RMN___  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 two Purple Hearts and correction of his records to show award of the Purple Heart with First Oak Leaf Cluster for wounds sustained as the result of two hostile acts on 9 July 2005 while he was serving in Iraq.




___John T. Meixell___
          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.