RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 November 2007
	DOCKET NUMBER:  AR20070014301 


	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. James E. Anderholm 

Chairperson

Mr. Lester Echols

Member

Mr. Jeffrey C. Redmann

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

3.  The applicant provides copies of the U.S. Army Human Resources Command's previous decisions to deny the Purple Heart, two DA Forms 2823 (Sworn Statement), a Standard Form 600 (Chronological Record of Medical Care), a one page statement from a physician's assistant, and a copy of his unit's recommendation for awarding him the Purple Heart in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army on 28 October 2003 and successfully completed basic training and advanced individual training.  Upon completion of advanced individual training, he was awarded military occupational specialty 11B (Infantryman).  The records indicate the applicant has served honorably since his enlistment and has progressed to the rank of specialist four/pay grade E-4.

2.  Records show the applicant was deployed to Iraq in support of Operation Iraqi Freedom.  While serving in Iraq, he was assigned to Delta Company, 1st Battalion, 506th Infantry Regiment, 2nd Brigade Combat Team, of the 2nd Infantry Division.

3.  The applicant's name does appear on the Iraq Casualty Roster maintained by the U.S. Army Human Resources Command.

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

5.  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.  A physical lesion is not required, however, the wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

6.  Headquarters, 2nd Battalion, 12 Infantry Regiment memorandum, dated 
20 December 2005, and DA Form 4187 (Personnel Action), dated 
23 February 2006 show the applicant's battalion commander recommended that the applicant be awarded the Purple Heart for sustaining wounds directly caused by an enemy placed mine while engaged in direct combat operations on 30 June 2005.

7.  U.S. Army Human Resources Command, Alexandria, Virginia memorandum, dated 30 March 2007, informed Commander, 2nd Brigade Combat Team, 2nd Infantry Division that the request for award of the Purple Heart to the applicant was disapproved.  The memorandum acknowledged the applicant's appearance on the Operation Iraqi Freedom casualty roster.  The memorandum also stated that the basis for disapproval was that the medical documentation provided showed the applicant was given antibiotics and returned to duty, therefore, rendering him ineligible for award of the Purple Heart.

8.  In response to the U.S. Army Human Resources Command's decision, the applicant submitted a request for appeal to a Member of Congress.

9.  U.S. Army Human Resources Command, Alexandria, Virginia memorandum, dated 11 April 2007, informed the Member of Congress that the applicant had the right to appeal the decision to the Army Board for Corrections of Military Records.

10.  A Standard Form 600, dated 30 June 2005, shows the applicant sustained multiple facial lacerations and leg contusions from the blast of an improvised explosive device.  The form also shows that the applicant was examined and treated by a medical officer who administered antibiotics and directed follow-up medical observation prior to returning him to his unit for duty.

11.  Headquarters and Headquarters Troop, 2nd Squadron, 2nd Cavalry Regiment memorandum, dated 5 January 2005, was provided by the medical officer who treated the applicant.  The medical officer states that on 30 June 2005, the applicant sustained multiple injuries, including lacerations to the face and contusions to his leg as a direct result from an enemy improvised explosive device.  The applicant was evacuated to C-Med of 2nd Forward Support Battalion where he was treated by the undersigned and later released to his unit.

12.  The application contains two DA Forms 2823 from eyewitnesses detailing the events of the explosion and the applicant's follow-on medical attention.


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 Iraq Casualty Roster maintained by the U.S. Army Human Resources Command.

3.  Medical records confirm the applicant was examined, treated, and prescribed follow-on treatment by a medical officer on the date of the incident.

4.  Sworn statements further corroborate the events of the incident, the applicant's wounds, and his receipt of medical treatment prior to being returned to duty at his unit.

5.  The evidence propounded 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 30 June 2005 while he was serving in Iraq.

BOARD VOTE:

___JAE _  __LE  ___  __JCR__  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 by awarding the Purple Heart for wounds sustained as the result of a hostile act on 30 June 2005 while he was serving in Iraq. 





_____James E. Anderholm___
          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.