RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 November 2007
	DOCKET NUMBER:  AR20070014913 


	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

	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 reconsideration of her previous request for award of the Purple Heart.

2.  The applicant states that she sustained injuries when the vehicle she was riding in was struck by an improvised exploding device (IED) and should be awarded the Purple Heart.

3.  The applicant provides copies of a one-page self-authored statement rebutting the U.S. Army Human Resources Command's previous decision to deny the Purple Heart, a one-page self-authored statement authorizing a Veterans' Affairs representative to serve as counsel on her behalf in this matter, a letter from the Veterans' Affairs representative, a self-authored sworn statement, and her DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of this application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests a formal inquiry into the applicant's previously submitted request for award of the Purple Heart.

2.  Counsel states the U.S. Army Human Resources Command on two occasions denied the applicant's request without obvious consideration for injuries suffered and her potentially being a fatality.  Counsel further states that three of the Soldiers who were traveling in the vehicle with the applicant on the date of the incident received Purple Hearts.  In closing, counsel states the applicant is currently being treated at the Veterans Administration Hospital Las Vegas and by her private physician for conditions she sustained on the date of the incident.

3.  Counsel provides copies of the applicant's battalion commander's recommendation for the Purple Heart, unit Serious Incident Report, unit summary of the incident, memorandum requesting Bradley and Infantry support for her unit, DA Form 1156 (Casualty Feeder Report), unit Casualty Feeder Report worksheet, 3rd Personnel Command Casualty Report, SF 600 (Chronological Record of Medical Care), a twenty-page extract of her Veterans Affairs medical history, and three statements from eye witnesses in support of this application.


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 AR20060002510 on 26 September and letter response to Case Number 20070007588 dated 
22 October 2007.

2.  
The applicant provides new evidence in the form of documentation from operational, medical, and personnel archives which were not previously reviewed, therefore, it is considered new evidence and as such warrants consideration. 

3.  The applicant enlisted in the Nevada Army National Guard (NVARNG) on 
22 August 1990 and successfully completed basic training and advanced individual training.  Upon completion of advanced individual training, she was awarded military occupational specialty 76A (Supply Clerk).  On 31 July 2000, the applicant reclassified to military occupational specialty 95B (Military Police).  The records indicate the applicant has served honorably since her enlistment and has progressed to the rank of staff sergeant/pay grade E-6.

4.  Records show the applicant was ordered to active duty in support of Operation Iraqi Freedom and served on active duty during the period 
10 February 2003 through 4 January 2004.  The applicant was deployed to Kuwait and Iraq during this mobilization.  While serving in Iraq, she was assigned to the 72nd Military Police Company.

5.  The applicant's DD Form 214 for the period ending 4 January 2004 does not indicate she was awarded the Purple Heart.  

6.  The applicant's name does not appear on the Iraq Casualty Roster maintained by the U.S. Army Human Resources Command.

7.  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.

8.  Headquarters, 400th Military Police Battalion memorandum, dated 
3 July 2003, shows the applicant's battalion commander recommended that she be awarded the Purple Heart for sustaining injuries caused by an enemy placed mine while performing her duties while engaged in indirect combat operations on 27 June 2003.

9.  U.S. Army Human Resources Command, Alexandria, Virginia memorandum, dated 9 February 2005, informed the Commander, 400th Military Police Battalion that his request for award of the Purple Heart to the applicant was disapproved.  The memorandum stated, in effect, that the documentation provided did not support entitlement to the Purple Heart and that it did not include sufficient medical documentation establishing "medical treatment" (quotes in the original) following the incident.

10.  In response to the U.S. Army Human Resources Command's decision, the Commander, 400th Military Police Battalion submitted a request for reconsideration.  

11.  U.S. Army Human Resources Command, Alexandria, Virginia memorandum, dated 4 November 2005, informed the Commander, 400th Military Police Battalion that his reconsideration request for award of the Purple Heart for the applicant was disapproved.  The memorandum stated, in effect, that the injury for which the award is made must have required "treatment" (quotes in the original) by a medical officer and records of the medical treatment for the wound must have been made a matter of official record.  The memorandum continues that requests for award of the Purple Heart must be supported by documents such as the following:  sworn eyewitness statements or affidavits, DA Form 1156, casualty reports or messages, unit and medical journals, and other such documentation to corroborate the award.

12.  Coalition Forces Land Component Command, U.S. Army Forces Central Command, 72nd Military Police Company, Camp Vigilant, Baghdad memorandum, Subject: Ambush, dated 27 June 2003 documented a serious incident that occurred in the vicinity of the Abu Ghurayb Prison Complex on 
27 June 2003.  This memorandum, in effect, shows the applicant was injured while traveling in a vehicle that was disabled by an unknown explosive device.  The memorandum also shows that the applicant was assigned to her quarters for a 48 hour recuperative period for her injuries.  Finally, the memorandum summarizes information from witnesses who attest to seeing three men with scarves over their faces bury an object in the vicinity of the incident the night prior to the explosion.

13.  The applicant's unit recorded the occurrence of this serious incident in at least two additional operational documents:  400th Military Police Battalion, BIAP, Iraq memorandum, Subject: Request for Bradley and Infantry Support, dated 
12 July 2003 and a summary of 72nd Military Police Company, Abu Ghurayb Serious Incidents for the period of 2 June 2003 through 2 September 2003.

14.  Three separate Casualty Feeder Reports, dated 27 June 2003, prepared by personnel assigned to the 72nd Military Police Company, show the applicant and seven other Soldiers received injuries after their vehicle passed over an enemy placed land mine that exploded. 

15.  A SF 600, dated 27 June 2003, (Posted on the applicant's Official Military Personnel File) shows the applicant was thrown from the back of a two and a half ton truck after a land mine explosion and that she was treated for a possible concussion and for a contusion to her right buttock.  The applicant was examined by the battalion surgeon who prescribed Motrin, the application of ice to the injured area, and follow-up medical observation.  The applicant was returned to duty and provided follow-up treatment the next day by a unit medic.

16.  The following documents were all created during the applicant's demobilization process and posted in her Official Military Personnel File 

	a.  DA Form 4700 (Medical Record - Supplemental Medical Data), dated 
3 December 2003, shows the applicant was examined by an audiologist for hearing abnormalities she attributed to injuries she sustained on 27 June 2003;

	b.  SF 600, dated 4 December 2003, shows the applicant sought medical attention for leg pain she attributed to injuries she sustained on 27 June 2003; and

	c.  SF 513 (Consult Report), dated 4 December 2003, and posted in the applicant's OMPF shows the applicant was examined by a health care provider for leg pain she attributed to injuries she sustained on 27 June 2003 and was referred to the Orthopedic Clinic for further diagnosis.

17.  An extract from the applicant's Department of Veterans Affairs medical history provided by the Southern Nevada Healthcare System, Las Vegas, Nevada, dated 4 August 2005, shows, in effect, a chronic history of medical consults, examinations, and treatment of conditions that the applicant attributes to injuries she sustained on 27 June 2003.

18.  In addition to the applicant's self-authored Sworn Statement, the record contains three statements from eyewitnesses detailing the events of the explosion and their follow-on medical attention.

19.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on her DD Form 214.

20.  Headquarters, 800th Military Police Brigade, Permanent Orders Number 292-006, dated 1 November 2003, awarded the applicant the Army Commendation Medal for meritorious achievement during the period of 
12 May 2003 through 22 May 2003.

21.  72nd Military Police Company, Henderson, Nevada memorandum, dated 
16 April 2004 awarded the applicant the Global War on Terrorism Medal for actions while deployed in support of Operations Iraqi Freedom and Enduring Freedom during the period of 10 February 2003 through 4 January 2004.

22.  72nd Military Police Company, Henderson, Nevada memorandum, dated 
2 March 2006, confirms the applicant's award and authorization to wear the Joint Meritorious Unit Award for her direct participation in actions while deployed in support of Operation Iraqi Freedom while attached to Combined Joint Task Force-Seven during the period of 15 June 2003 through 25 November 2003.  The authority for the unit memorandum was Headquarters, 1st Personnel Command memorandum, Subject: Joint Meritorious Unit Award (1st Award), dated 
14 March 2005.  The Department of the Army General Order for this unit award is still pending.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she is entitled to award of the Purple Heart due to injuries she received during hostile action was carefully considered and determined to be with merit.  

2.  The Serious Incident Report and other operational documents generated by the applicant's unit chain of command recorded both the events of the hostile action and the applicant's injuries resulting from her involvement in the incident on 27 June 2003.

3.  Casualty Feeder Reports and statements from eyewitnesses corroborate the applicant's claim that she was injured as a result of the explosion.

4.  Medical documentation, contained in official records, corroborates the fact that the applicant was examined, treated, and prescribed follow-on treatment by a medical officer on the date of the incident.

5.  Numerous documents contained in the applicant's medical record show that the applicant has repeatedly sought and received treatment for conditions she attributes to injuries sustained as the result of a hostile action on 27 June 2003.

6.  There is sufficient evidence upon which to base award of the Purple Heart in this case.  Although the wounds sustained by the applicant were not as severe as those sustained by many recipients of the Purple Heart, the evidence propounded does fulfill all of the prescribed regulatory criteria.

7.  Permanent Orders awarded the applicant the Army Commendation Medal.  Therefore, the applicant is entitled to have her records corrected to show this award.

8.  Permanent 72nd Military Police Company, Henderson, Nevada memorandum, dated 16 April 2004 awarded the applicant the Global War on Terrorism Medal for actions while deployed in support of Operations Iraqi Freedom and Enduring Freedom during the period of 10 February 2003 through 4 January 2004. Therefore, the applicant is entitled to have her records corrected to show this award.

9.  Headquarters, 1st Personnel Command memorandum awarded the applicant the Joint Meritorious Unit Award.  Therefore, the applicant is entitled to have her records corrected to show this award.

BOARD VOTE:

___JEA _  __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 amendment of the ABCMR’s decision in Docket Number AR20060002510, dated 3 October 2006.  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 while serving in Iraq, the Army Commendation Medal, the Global War on Terrorism Medal, and the Joint Meritorious Unit Award.




_____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.