RECORD OF PROCEEDINGS


	IN THE CASE OF:		 


	BOARD DATE:	22 April 2008  
	DOCKET NUMBER:  AR20080001504 


	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.











The following members, a quorum, were present:














	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, in effect, award of the Purple Heart.

2.  The applicant states, in effect, that he was put in for the Purple Heart and never received anything.  He was in an IED (Improvised Explosive Device) attack and when he returned to the base, he went to the TMC (Troop Medical Center) and the doctor told him he had sustained a concussion.  His chain of command said he was put in for a Purple Heart which he never received.

3.  In support of his request, the applicant provides copies of an unsigned Casualty Feeder Card, with an incident date of 2 October 2006; a Standard Form 600, Chronological Record of Medical Care, dated 31 January 2007; what appears to be, or which could logically be identified as an IED Report Form which reports an incident that occurred on 2 October 2006 at 0919 hours; a copy of a Convoy Trip Ticket covering the period from 30 September 2006 through 3 October 2006, which identifies the applicant (Battle Roster # BA6979) as the driver of a vehicle named "Husky"; a copy of a Blue 26 Report, Strike Iron Claw Closure Report, Mission # 273-02, covering the period 30 September 2006 through 2 September (sic:  October) 2006; a DA Form 1594, Daily Staff Duty Journal or Duty Officer's Log, for 2 October 2006; witness statements from two Soldiers who were assigned to the applicant’s unit; and a copy of the applicant's Enlisted Record Brief.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the United States Army Reserve (USAR), Delayed Entry Program, on 22 May 2003.  He enlisted in the Regular Army on 2 December 2004.  He completed his basic combat and advanced individual training and was awarded the military occupational specialty (MOS) 21B (Combat Engineer).

2.  The applicant was assigned to serve in Iraq and arrived there on 13 August 2006.  The applicant departed Iraq on 5 November 2007.

3.  The applicant was honorably released from active duty, in the rank and pay grade, Specialist, E-4, on 3 February 2008.  On the date of his release from active duty, the applicant had completed 3 years, 2 months, and 2 days net active service, having been retained in service for 65 days beyond his normal expiration of service date for the convenience of the Government.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, Certificate of Release or Discharge from Active Duty, shows he was awarded the following:  the Army Commendation Medal; the Army Achievement Medal (3rd Award); the National Defense Service Medal; the Global War on Terrorism Service Medal; the Iraq Campaign Medal; the Army Service Ribbon; the Overseas Service Ribbon; the Combat Action Badge; and the Driver and Mechanic Badge with Driver-W Bar.  The Purple Heart is not shown among the applicant's authorized awards.

5.  There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There is also no evidence in his records that he was wounded or treated for wounds as a result of hostile action and the treatment was made a matter of official record.

6.  The Casualty Feeder Card, with an incident date of 2 October 2006, the applicant submitted for the Board's consideration is unsigned and appears to have been only partially completed.  Item 40 (Inflicting Force and Weapons), of the card shows the weapon used by the enemy was an IED.

7.  The DA Form 1594, for 2 October 2006, in Item Number 91 shows the applicant, the driver of Husky, was struck by an IED while conducting secondary sweeps around Buffalo.

8.  The sworn statements submitted by a lieutenant and a staff sergeant, members of the applicant's chain of command, both describe the involvement of the applicant as the driver of Husky.  Both statements indicate the applicant was sent to the troop medical center to receive post-IED screening and medical attention on their arrival in base camp.  The documents related to the post-IED screening are not available for the Board's review.

9.  The copy of the SF 600 the applicant submitted shows he sought medical treatment for headaches on 31 January 2007.  In the History of Present Illness, it states, the applicant "was struck by a large IED in Sep 06 (sic October 2006)."  The diagnosis made by the attending medical staff was "Post-concussion and Headaches Syndromes."  In the Discussion section of the form, it further states, "Injury and Illness:  Work related; Battle related; Category:  All other, Medical/Surgical Cause:  Battle Injury/Illness."

10.  A staff member of the Casualty Operations Division, Human Resources Command, Alexandria, Virginia, verified that the applicant was involved in an IED roadside bombing, on 2 October 2006, and was reported to the Casualty Operations Division, in accordance with established operating procedures.

11.  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 to include injury caused by enemy placed 
IEDs.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence the applicant was awarded the Purple Heart while he served in Iraq.

2.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.

3.  The evidence shows that the applicant sustained a concussion from an exploding IED on 2 October 2006, while he was serving in Iraq.

4.  While the initially completed IED screening form is not available for the Board's review, sworn statement, staff duty journal reports, and other official documents are sufficient to establish that the applicant sustained concussion wounds while he served in Iraq.  The evidence shows that even after his return to the Continental United States from his deployment, he continued to feel the effects from the concussion in the form of headaches and he continued to seek medical attention/treatment.

5.  Based on the evidence in this case, the applicant is entitled to award of the Purple Heart and to have it added to his DD Form 214.  The evidence of record shows that he was injured in an IED blast on 2 October 2006, in Iraq; the incident as well as his medical treatment was made a matter of official medical record; and the IED could not have been placed in the road by other than a hostile enemy.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

___x_  ___x_  ___x_  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 the applicant the Purple Heart for wounds he sustained in an IED attack on 2 October 2006 while he served in Iraq.




____x._______
          CHAIRPERSON