RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 4 March 2008
DOCKET NUMBER: AR20070016845
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. James E. Anderholm
Chairperson
Mr. William D. Powers
Member
Mr. Jerome L. Pionk
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 on 1 January 2004, but was not awarded the Purple Heart.
3. The applicant did not provide any additional documentary evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicants records show that he enlisted in the Regular Army on 5 March 2003 for a period of 6 years. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91W (Health Care Specialist). The highest rank/grade he attained during his military service was private first class (PFC)/E-3.
2. The applicant's records show that he served in Iraq during the period from 23 November 2003 to 9 January 2004. He was assigned to Headquarters and Headquarters Company, 1st Battalion, 22nd Infantry Regiment, 1st Brigade, 4th Infantry Division.
3. The applicant's records show that he was wounded in action on 1 January 2004, as a result of an enemy explosive device while conducting convoy operations when his vehicle hit an Improvised Explosive Device (IED) in Tikrit, Iraq. According to an Army Casualty Status Report, he suffered multiple lacerations and hearing loss caused by a perforated tympanic membrane.
4. There is no indication in the applicant's records that he was awarded the Purple Heart. His records do not contain General Orders awarding him the Purple Heart.
5. The applicant's records further show that subsequent to his service Iraq and his return to Fort Hood, Texas, he was separated from the Army under the provisions of chapter 14 of Army Regulation 635-200 (Personnel Separations).
6. The applicant's DD Form 214 (Certificate of Release or Discharge From Active Duty), issued at the time of his separation, confirms he was separated on 7 February 2005 with a General, Under Honorable Conditions characterization of service. This form further confirms that he completed a total of 1 year and
11 months of creditable active military service and that he had 3 days of lost time due to AWOL.
7. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, and the National Defense Service Medal. Item 13 does not show award of the Purple Heart.
8. Army Regulation 600-8-22 (Military Awards) provides in paragraph 1-9b that recommendations for decorations will be expeditiously processed, and recorded in military orders and certificates by the final approving authority within 60 days. It further provides in paragraph 2-8c that the Purple Heart, while clearly an individual decoration, differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or she is entitled to it upon meeting specific criteria, that is: the wound, injury or death must have been the result of an enemy or hostile act, international terrorist attack, or friendly fire; the wound or injury must have required treatment by medical officials; and the records of medical treatment must have been made a matter of official Army records.
9. The applicant is entitled to other awards which do not appear on his DD Form 214. The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Army Regulation 600-8-22 states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. The applicant was clearly wounded in Iraq on 1 January 2004 by an IED. The Casualty Status Report shows that his vehicle hit an IED and that he received multiple lacerations and a ruptured eardrum with hearing loss.
2. The applicant should have received a Purple Heart during March 2004, but for reasons unknown, this was never accomplished.
3. Therefore, there is sufficient evidence to show his entitlement to award of the Purple Heart.
4. The applicant is also entitled to award of the Army Service Ribbon. This should be added to his DD Form 214.
BOARD VOTE:
__jea___ __wdp___ __jlp___ 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:
a. awarding the applicant the Purple Heart for wounds sustained in action on 1 January 2004 while serving in Iraq; and
b. awarding him the Army Service Ribbon.
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.
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