RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20080001983 


	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 for the same incident that resulted in his being awarded the Combat Action Badge.

2.  The applicant states that he was injured as a result of an improvised explosive device (IED) blast in 2004.  He states that he suffered hearing loss, nerve damage to his lower back, a concussion, and a loss of consciousness.  He states that he was discharged as a result of the back injuries that he sustained during the IED.  He states that after he received the Purple Heart in Landstuhl Medical Hospital in Germany, he was sent home to Fort Hood, Texas, and that he never received the orders awarding him the Purple Heart.  He states that he has made four inquiries regarding his situation and each time his packet was lost.  He states that he was subsequently told that he should apply through the Department of Veteran Affairs for award of the Purple Heart.  

3.  The applicant provides in support of his application, a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214); a copy of his Medical Evaluation Board Proceedings dated 28 March 2007; a copy of his Narrative Summary (Clinical Resume) dated 12 January 2007; hospital assessments and progress notes dated 14 April 2004; a copy of a Statement of Medical Examination and Duty Status dated 9 March 2004; a copy of a Patient Movement Request; a copy of Permanent Order A-135-23 dated 15 May 2006; a witness statement support is request for the Combat Action Badge, dated 4 April 2006; electronic mail from his legal assistance attorney dated 20 September 2005; a copy of a Memorandum for Record dated 12 April 2004, regarding his medical status; a copy of an Audiogram and Audiologic Evaluation dated 11 December 2003; a copy of a Aeromedical Evaluation Patient Record dated 20 April 2004; a copy of his Physical Profile; a copy of a Personnel Action dated 17 January 2006; a copy of a Memorandum for Medical Return to Home Station Commercial dated 21 April 2004; a copy of electronic mail between his commanding officer and himself initiated on 16 April 2004; and a copy of a Memorandum for Record dated 27 August 2004, pertaining to Active Duty Travel for Necessary Medical Care. 

CONSIDERATION OF EVIDENCE:

1.  On 4 August 2003, the applicant enlisted in the United States Army Reserve (USAR) in Los Angeles, California, for 8 years, in the pay grade of E-3.  He enlisted in the Regular Army (RA) for 4 years on 9 September 2003.  He 


successfully completed his training as a motor transport operator.  He was transferred to Iraq on 6 February 2004.

2.  The applicant's records show that he was a specialist (E-4) assigned to the 1179th Deployment Support Brigade, Unit Movement Team, United States Command Group on 9 March 2004, when an IED was detonated by an unidentified individual from above an overpass, thereby destroying the seventh of eight military vehicles and seriously damaging one rear bobtail tractor.  

3.  A Statement of Medical Examination and Duty Status dated 9 March 2004 indicates that the applicant was injured on 9 March 2004 and that his injuries included paresthesias in both hands and left thigh, refractory to therapy.  The attending physician noted that his injuries were the result of an IED blast that occurred in February 2004 and that the applicant had been also been examined on 16 and 25 March 2004 and 12 April 2004.

4.  The copy of the Patient Movement Request that the applicant submitted in behalf of his application shows that he suffered a battle injury while he was Iraq.  The attending physician noted that "s/p blast injury," resulted in persistent sensory deficits to his hands and feet along with his left thigh.  He was referred for a neurologic evaluation.  The Patient Movement Request noted that the injury occurred on 16 March 2004 and that the symptoms were worsening.  He was diagnosed with V49.3-sensory problems with limbs.

5.  In a Memorandum for Record dated 12 April 2004, the applicant's commander indicated that he was being released from his command and air evacuated to a hospital for further neurology evaluation.

6.  The applicant's Aeromedical Evacuation Patient Record dated 20 April 20 April 2004, shows that he was a battle casualty patient.  The brief narrative contained on his AEP Record noted that the applicant was a truck driver who was injured when he fell out of a vehicle that was one or two vehicles ahead of a vehicle that was struck by an IED in Iraq.  The Aeromedical Evacuation Patient Record indicates that the applicant sustained bruising of multiple nerves "UE & LE" on the side that was impacted and tinnitus with hearing loss.

7.  On 9 July 2004, the applicant was placed on the temporary physical profile for chronic back and neck pain and possible nerve damage.  He was precluded from performing specific activities to include running, sit-ups, push-ups and biking.  His physical profile was limited to 3 months in duration.

8.  On 27 March 2006, the applicant reenlisted in the Army for 5 years, in the pay grade of E-5.

9.  On 15 May 2006, Permanent Order A-135-23 was published awarding the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 9 March 2004.

10.  The applicant's Medical Record, Narrative Summary (Clinical Resume) dated 12 January 2007 shows that in 2004, the applicant was involved in an IED blast while stepping off his vehicle; that he was knocked back 10 to 15 feet to the ground; and that his memory for events immediately following he blast are unclear.  The Narrative Summary indicates that the applicant had back and neck pain immediately following the blast with tingling in his left leg and that since the time of his injury, his back pain had steadily worsened to include radicular symptoms in both thighs.  During the evaluation the applicant stated that his thigh was numb.  The physician noted that the applicant also had constant paresthesias in his feet and that on an audiogram that was performed for the complaint of tinnitus, he was found to have perforated tympanic membranes with some loss of hearing.  The applicant was diagnosed with obstructive sleep apnea, low back pain with radiculopathy, and tinnitus with hearing loss.

11.  A Medical Evaluation Board (MEB) convened on 28 March 2007 to consider the applicant's medical conditions and to determine whether he should be referred to a Physical Evaluation Board (PEB).  The MEB diagnosed him with obstructive sleep apnea, low back pain with radiculopathy and tinnitus with hearing loss.  The MPB recommended that the applicant be referred to a PEB.  However, the PEB proceedings are not available for review at this time

12.  The applicant was honorably discharged with severance pay on 7 June 2007, by reason of physical disability.  The Certificate of Release or Discharge from Active Duty (DD Form 214) that he was furnished at the time of his discharge shows that he was awarded the Army Commendation Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, the Army Service Ribbon, on Overseas Service Ribbon, the Combat Action Badge, the Driver and Mechanic Badge – Mechanic, and the Expert Marksmanship Badge w/Rifle Bar.  

13.  A review of the available records does not show that orders were ever published awarding the applicant the Purple Heart.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained 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, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's military medical records indicates that he is entitled to the award of the Purple Heart.

2.  His records show that he suffered paresthesia in both hands and left thigh as a result of an IED detonation.  He also suffered back and neck pain, and tinnitus with hearing loss as a result of the IED blast that occurred on 9 March 2004.  He was evacuated to a hospital and he was medically treated for the injuries he received as a direct result of hostile action by enemy forces.  

3.  The applicant was awarded the Combat Action Badge on 15 May 2006 for the incident that occurred on 9 March 2004.  In accordance with the applicable regulation, he should have also been awarded the Purple Heart as a result of the injuries that he received on 9 March 2004.

4.  In view of the foregoing, it would now be appropriate to correct the applicant's records 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 him the Purple Heart for wounds/injuries received in action on 9 March 2004, (paresthesia in both hands and left thigh, back and neck pain, and tinnitus with hearing loss), while he was in Iraq, serving in the rank and pay grade of specialist (E-4); and amending his DD Form 214 accordingly. 





      ___        x              ___
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080001983



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
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