IN THE CASE OF:
BOARD DATE: 22 MAY 2008
DOCKET NUMBER: AR20080002714
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, reconsideration of the Board's denial of his request for the Purple Heart and the Close Combat Badge (interpreted as the Combat Action Badge).
2. The applicant states, in effect, that he forwarded to the Commanding General of the U.S. Army his request for the Combat Action Badge and the Purple Heart. He adds, in effect, his medical record is on file with the Department of Veterans Affairs (VA) that shows he is entitled to the Purple Heart. He states, in effect, that due to problems with the noncommissioned officers (NCOs) the request for the Purple Heart was purposely disposed of down range. He only wants what is fair for his military service and our country.
3. The applicant provides a copy of a personal letter dated 21 January 2008 and a letter from the Army Board for Correction of Military Records (ABCMR) dated 15 May 2007.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20060015449, on 17 May 2007.
2. In the original decision the ABCMR found that there was insufficient evidence to support the applicants contention of entitlement for award of the Purple Heart. The applicant failed to establish that he was injured in action, the injury had required treatment by medical personnel, and that the treatment record was made a matter of official record. Continuing, the evidence of record does not show that the applicant was treated for a wound/injury as a direct result of or caused by enemy action.
3. In the letter submitted by the applicant, he provided new argument which requires that his case be reconsidered by the ABCMR. His new argument is that while he was assigned to Alpha Company, 1st Battalion, 1st Brigade,
37th Armored Regiment, 1st Armored Division, they received an enormous amount of incoming mortar fire, small arms, improvised explosive device (IEDs), and home made rockets every day. Between April and June 2004, he lost a close friend and several others were wounded, to include him. He continues that he suffered minor wounds to his fingers and leg and was treated by a Polish Medic. He states that his records were discarded down range. He would like for his case to be reconsidered for the awards of the Purple Heart and the Combat Action Badge.
4. The ABCMR letter, dated 15 May 2007, shows that the applicant was previously given instructions on how to apply for the Combat Action Badge through the Commanding General, U.S. Army Human Resources Command. There is no evidence to show the applicant made an application. The applicant has been notified for the second time by separate correspondence of the procedures for applying for the Combat Action Badge, as a result, it will not be discussed further in this Record of Proceedings.
5. The applicant's military personnel record shows that a separation examination physical was conducted on 20 October 2004 and no mention was made of his fingers and leg being injured as a result of combat action. A DD Form 2807-1 (Report of Medical History), Item 29 (Explanation of "Yes" Answers), shows that the applicant injured his left knee in "BCT" (Basic Combat Training). There is no mention of his fingers and leg being injured as a result of mortar fire, small arms, IEDs, or home made rockets in Iraq.
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:
1. The applicant requests reconsideration of the Board's denial of his request for the Purple Heart.
2. Although the applicant claims he suffered minor wounds to his fingers and leg and was treated by a Polish Medic, there is no evidence in his report of medical history that shows he sustained an injury to his fingers and leg as a result of hostile action during combat action and that he received treatment by a medical officer and the medical treatment was made a matter of official record. As such, there is insufficient evidence on which to base award of the Purple Heart.
3. In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit sufficient evidence that would satisfy this requirement.
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 to amend the decision of the ABCMR set forth in Docket Number AR20060015449, on 17 May 2007.
__________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080002714
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ABCMR Record of Proceedings (cont) AR20080002714
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