RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 April 2008
DOCKET NUMBER: AR20080001771
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 March 2005 to show this award.
2. The applicant states, in effect, that on 9 November 2004 he was wounded in action in Iraq. He contends that while on a convoy he sustained an injury to his right foot and legs from a road side bomb.
3. The applicant provides documentation from the Department of Veterans Affairs (DVA); a DA Form 1156 (Casualty Feeder Report), dated 9 November 2004; a DA Form 2823 (Sworn Statement), dated 15 November 2004; and a copy of his DD Form 214 for the period ending 12 March 2005.
CONSIDERATION OF EVIDENCE:
1. The applicant was ordered to active duty from the U. S. Army Reserve on 7 December 2003 in support of Operation Iraqi Freedom. He served in Kuwait/Iraq from 7 February 2004 through 6 February 2005. On 12 March 2005, he was released from active duty.
2. The applicantÂ’s DD Form 214 for the period ending 12 March 2005 does not show the Purple Heart as an authorized award.
3. There are no orders for the Purple Heart in the available records. His name is not listed on the Iraq Casualty Roster.
4. In support of his claim, the applicant provided an incomplete DA Form 1156, dated 9 November 2004, which shows he was wounded or injured in action by hostile action. This form is not signed by medical personnel.
5. The applicant also provided DVA documentation which shows that service connection was granted for Post Traumatic Stress Disorder; tinnitus; compression of L1, T12 vertebral body, degenerative joint disease, thoracolumbar spine; internal derangement, right knee; fracture, right foot with osteoarthritis; internal derangement, left knee; lateral instability, left knee associated with internal derangement, left knee; bilateral hearing loss; and neuropathy of the right foot.
6. Army Regulation 600-8-22 (Military Awards) 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 by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
Although the applicant provided a DA Form 1156 which states he was wounded or injured in action on 9 November 2004 by hostile action, this document was not signed by medical or any other authorized personnel. His name is also not listed on the Iraqi Casualty Roster. In the absence of orders for the Purple Heart, eyewitness statements, or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Iraq, the incomplete DA Form 1156 provided by the applicant is not sufficient as a basis for award of the Purple Heart. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
x______ __x____ __x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case
are insufficient as a basis for correction of the records of the individual concerned.
____x__________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080001771
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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