RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 February 2008
	DOCKET NUMBER:  AR20070014629 


	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. Mohammed R. Elhaj

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 that he was injured as a result of hostile action in Iraq, but was not awarded the Purple Heart.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DA Forms 2173 (Statements of Medical Examination and Duty Status), dated 20 August 2005, 1 September 2005, and 22 September 2005.

	b.  Standard Forms 600 (Chronological Records of Medical Care) from 12 September 2005 to 9 March 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant was a sergeant (SGT)/E-5 in the New Mexico Army National Guard (NMARNG) who initially enlisted on 16 September 1985.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63B (Light Vehicle Mechanic).  Throughout his military career, he executed a series of reenlistments and/or extensions and an interstate transfer into the Texas Army National Guard (TXARNG).  He also held MOS 52D (Power Generator Equipment Repairer) and 11B (Infantryman).   

2.  The applicant's records show that he was ordered to active duty with his unit for a period not to exceed 504 days in support of Operation Iraqi Freedom.  He reported to the mobilization station at Fort Hood, Texas, and subsequently deployed to and served in Iraq during the period 20 February 2005 to 24 April 2006.  He was assigned to the 250th Military Intelligence Battalion.

3.  The applicant's DA Form 2173, dated 22 September 2005, shows that during a mission in Iraq on or about 20 August 2005, the High Mobility Multipurpose Wheeled Vehicle (HMMWV) the applicant was driving hit multiple Improvised Explosive Device (IED) holes in the ground, that caused him to be thrown inside the HMMWV several times.  He complained of back pain and was medically evacuated to Landstuhl Regional Medical Center, Germany, where he was determined to have herniated intervertebral disc lumbar and lumbar disc degeneration.

4.  On 15 November 2005, by memorandum, Headquarters, U.S. Army Garrison, Fort Hood, Texas, informed the applicant’s TXARNG Department of Military Affairs that, after a line of duty investigation, the applicant’s condition existed prior to military service and was aggravated by military service for lumbar only.  His condition was determined to be “IN LINE OF DUTY.”

5.  The applicant was retained on active duty to participate in the Reserve Components Medical Holdover Medical Retention Processing (MRP) program for completion of medical care and treatment.  He was subsequently released from active duty on 24 April 2006 for completion of required active service.  

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

7.  A staff member of the Casualty Operations Division, Human Resources Command, Alexandria, Virginia, verified that no casualty report was reported or made for any incidents involving enemy action on or about 20 August 2005 pertaining to the applicant.

8.  The applicant's chronological record of medical care shows that he injured his back when he was thrown off inside the HMMWV he was driving when his HMMWV drove over existing holes in the ground that were caused by IED explosions.  The medical record shows the applicant’s medical progress, X-Rays, treatments, injections, pain medications, consults, examinations, and medical referrals from the time he was medically evacuated until the time he was separated.  

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the Purple Heart and the supporting evidence provided were carefully considered.  However, in order to support award of the Purple Heart, there must be evidence confirming that the wound or injury for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by military medical personnel, and a record of this treatment must have been made a matter of official record.

2.  Evidence of record shows that the applicant’s back injuries were caused by being thrown inside the vehicle he was driving when that vehicle hit a hole in the road.  The applicant's claim that he sustained back injuries while serving in Iraq is not in question.  However, given he was treated at military hospitals from September 2005 to April 2006, as evidenced by the chronological record of medical care he provided, it must be presumed that military medical officials and the applicant's chain of command did not consider his back injuries were related to hostile action by the enemy, or that the circumstances under which those injuries were affected supported award of the Purple Heart. 

3.  In view of the foregoing, there is no basis for granting the applicant's request

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jtm___  __cd____  __rmn___  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.




							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.