RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 September 2007
      DOCKET NUMBER:  AR20070003232


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Ms. Laverne V. Berry              |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 and the Army
Commendation Medal.

2.  The applicant states that he was medically discharged for combat
hearing loss and that he was told that he would receive the Purple Heart
and the Army Commendation Medal in the mail at his permanent residence.  He
states that he has not received his Purple Heart or his Army Commendation.
He states that he suffered moderate-severe hearing loss as a result of a
prolonged firefight in one incident. He states that he suffered additional
hearing damage from other combat actions.  He states that his team leader
forgot to file the recommendation for his Purple Heart through the
deployment channels.  He states that his paperwork for both awards was
submitted to coincide with his discharge; however, the administrative
personnel that were handling his paperwork were unable to get it completed
prior to his discharge.  He states that after almost 2 years of countless
electronic mail (email) and telephone conversation, he was told that the
clerk handling his paperwork went absent without leave.  The applicant
states, in effect, that he has been getting the run around regarding his
Purple Heart and Army Commendation Medal and asks what he needs to do to
get this matter resolved.

3.  The applicant provides in support of his application numerous emails
sent and received by the applicant dated between 3 October 2005 and 26 July
2006, inquiring about the Purple Heart and the Army Commendation Medal; a
copy of a Physical Disability Information Report printout; a copy of his
Physical Evaluation Board (PEB) Proceedings; and a copy of his audiogram
test results.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his records, in part, to show
award of the Army Commendation Medal.  There are no orders or other
evidence authorizing award of this decoration to the applicant.  In the
absence of a proper authority for this decoration, the applicant may
request award of the Army Commendation Medal by exhausting his
administrative remedies in accordance with Army Regulation 15-185,
paragraph 2-5.  The applicant has been notified by separate correspondence
of the procedures for applying for this decoration and, as a result, it
will not be discussed further in this Record of Proceedings.




2.  The available records indicate that on 30 May 2001, the applicant
enlisted in the Regular Army in Columbia, South Carolina, for 6 years, in
the pay grade of
E-4.  He successfully completed his training as a special forces engineer
sergeant.  He was promoted to the pay grade of E-5 on 1 April 2003.

3.  On 27 September 2004, Permanent Order Number 271-08 was published
awarding the applicant the Combat Infantryman Badge on 31 August 2004, as a
result of engaging in active ground combat with enemy forces.

4.  The applicant's medical records are unavailable for review at this
time.  However, the available records indicate that on 24 May 2005, a PEB
convened to determine whether the applicant was physically fit to remain on
active duty.  The PEB diagnosed the applicant as having a hearing loss with
a history of being exposed to load noises while he was in Afghanistan; and
tinnitus.  The applicant was assigned a 10 percent disability rating for
his hearing loss and a 10 percent disability rating for his tinnitus.  The
PEB noted that the applicant was injured by an instrumentality of war,
exploding ordnance under fire while engaged in combat in Afghanistan during
a period of war (June 2004 – October 2004).  The PEB concluded that his
medical condition prevented his performance of duty in his grade and
specialty.  The PEB found the applicant physically unfit for continued
service and the board assigned him a 20 percent combined disability rating.
 The PEB recommended that he be separated from the service with severance
pay, if otherwise qualified.

5.  The applicant concurred with the findings of the PEB on 7 June 2005.

6.  On 28 July 2005, the applicant was honorably discharged with severance
pay, by reason of physical disability.  The DD Form 214 that he was
furnished at the time of his discharge indicates that he was awarded the
Bronze Star Medal, the Army Achievement Medal, the National Defense Service
Medal, the Global War on Terrorism Expeditionary Medal, the Global War on
Terrorism Service Medal, the Noncommissioned Officers Professional
Development Ribbon w/Numeral 2, the Army Service Ribbon, the Combat
Infantryman Badge, the Parachutist Badge, and the Special Forces Tab.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound/injury sustained while in
action against an enemy or as a result of hostile action.  Substantiating
evidence must be provided to verify that the wound/injury was the result of
hostile action, the wound/injury must have required treatment by military
medical personnel, and the medical treatment must have been made a matter
of official record.

8.  A wound is defined as an injury to any part of the body from an outside
force or agent sustained under one or more of the conditions listed above.
A physical lesion is not required; however, the wound for which the award
is made must have required treatment by medical personnel and records of
medical treatment for wounds or injuries received in action must have been
made a matter of official record.  Examples of enemy-related injuries which
clearly justify award of the Purple Heart are as follows: (1) Injury caused
by enemy bullet, shrapnel, or other projectile created by enemy action; (2)
Injury caused by enemy placed mine or trap; (3) Injury caused by enemy
released chemical, biological, or nuclear agent; (4) Injury caused by
vehicle or aircraft accident resulting from enemy fire; and (5) Concussion
injuries caused as a result of enemy generated explosions.

DISCUSSION AND CONCLUSIONS:

1.  The available records indicate that the applicant sustained an injury
while he was engaged in combat in Afghanistan, which resulted in the loss
of his hearing.

2.  He was injured by an instrumentality of war, exploding ordnance under
fire, between June 2004 and October 2004, which resulted in his being
assigned a 10 percent disability rating by the PEB and separated with
severance pay.  In accordance with the applicable regulation, the he is
entitled to the award of the Purple Heart for the wound/injury that he
sustained while in action against an enemy and as a result of hostile
action and his records should be corrected accordingly.

3.  Inasmuch as the PEB proceedings indicate that his injury was incurred
between June 2004 and October 2004 and since the information contained in
his official file shows that he was awarded the Combat Infantryman Badge on
31 August 2004, as a result of engaging in active ground combat, it would
be appropriate to correct the applicant records to show that he was awarded
the Purple Heart on 31 August 2004, while serving in the rank and pay grade
of sergeant (E-5).

4.  In view of the foregoing, it would now be in the interest of justice to
correct the applicant's records as recommended below.







BOARD VOTE:

__JEA___  __RDG_   __LVB    _  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 him the Purple Heart for the hearing loss that he incurred while
in action on 31 August 2004, while serving in Afghanistan, in the rank and
pay grade of sergeant (E-5) and amending his Certificate of Release or
Discharge from Active Duty accordingly.




                                  ___James E. Anderholm _
                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070003232                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070918                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATION            |
|2.  61                  |107.0015/PURPLE HEART                   |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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