RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 April 2008
DOCKET NUMBER: AR20070018776
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. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Mr. Chester A. Damian
Member
Ms. Qawiy A. Sabree
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 correction of his records to show award of the Purple Heart.
2. The applicant states, in effect, that on 27 March 2005 he was a gunner on patrol when his vehicle was hit by an improvised explosive device (IED).
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), with the period ending 13 December 2006; a Standard Form (SF) 600 (Chronological Record of Medical Care), dated 27 March 2005; an undated Serious Incident Report; a DA Form 2173 (Statement of Medical Examination and Duty Status), dated 30 March 2005; two DA Forms 2823 (Sworn Statement), with dates 28 March 2005 and 31 March 2005; an undated memorandum from the 467th Engineer Battalion; two DA Forms 4187 (Personnel Action) with dates 27 March 2005 and 31 March 2005; and an Army Discharge Review Board (ADRB) Case Report and Directive, dated 28 November 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 23 November 1993. He was ordered to active duty in support of Operation Iraqi Freedom on 10 November 2004.
2. A SF 600, dated 27 March 2005, indicates that the applicant was riding as gunner in a military motor vehicle when an IED exploded on the passenger side of the vehicle while serving in Iraq. He was treated for lacerations to his face.
3. A DA Form 2173, dated 30 March 2005, shows that on 27 March 2005, while on routine patrol in Iraq, the applicant's vehicle was in the proximity of an IED explosion, he sustained injuries from the explosion and was treated at C Company, 203rd Aid Station, Baqubah, Iraq.
4. A DA Form 4187, dated 31 March 2005, shows the applicant's commander recommended him for award of the Purple Heart for being wounded in action on 27 March 2005.
5. The applicant's service personnel records do not contain the facts and circumstances surrounding his separation process. However, his DD Form
214 shows that he was discharged on 13 December 2006 under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations) by reason of
"IN LIEU OF TRIAL BY COURT-MARTIAL" with a characterization of service of under other than honorable conditions in the rank of Private/E-1. Item 13 of the applicant's DD Form 214 with the period ending 13 December 2006 shows he was awarded the National Defense Service Medal, the Army Service Ribbon, and the Armed Forces Reserve Medal with "M" Device and "X" Device.
6. There are no general orders in the applicants service personnel records that show he was awarded the Purple Heart.
7. On 16 January 2007, the Army Discharge Review Board (ADRB) considered the applicants request to upgrade his discharge. The ADRB voted to grant partial relief in the form of a general under honorable conditions discharge and restoration of his rank to Specialist/E-4. Records show that the applicant was issued a corrected DD Form 214 that showed his under other than honorable conditions was changed to general discharge under honorable conditions.
8. On 31 March 2008, the Army Casualty Operation Center verified the applicant was injured in Iraq and that his injuries were combat related.
9. 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.
10. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM (OIF). The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.
11. Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined.
DISCUSSION AND CONCLUSIONS:
1. There are no general orders awarding the applicant the Purple Heart. However, his DA Form 2173 shows that on 27 March 2005 while on patrol in Iraq the applicant sustained injuries from the explosion of an IED. His SF 600 shows that he was treated for lacerations to his face caused by an IED.
2. Based on the foregoing, it is clear that the applicant was wounded as a result of hostile action and was treated for the wound. Therefore, the applicant is entitled to award of the Purple Heart for a wound sustained as a result of hostile action on 27 March 2005.
3. The applicant met the eligibility criteria for award of the Iraq Campaign Medal and the GWOTSM. These awards should be added to his DD Form 214.
BOARD VOTE:
__JTM __ __CAD __ __QAS__ 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:
a. by awarding him the Purple Heart for wounds sustained on 27 March 2005; and
b. by amending his DD Form 214 with the ending period 14 December 2006 to add award of the Purple Heart, the Iraq Campaign Medal, and Global War on Terrorism Service Medal.
___John T. Meixell __
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