IN THE CASE OF:
BOARD DATE: 1 July 2008
DOCKET NUMBER: AR20080004465
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 award of the Purple Heart.
2. The applicant states, in effect, that while serving in Iraq, he sustained a wound in an improvised explosive device (IED) attack and should be awarded the Purple Heart.
3. The applicant provides a DA Form 1156 (Casualty Feeder Report), a Medical Command (MEDCOM) Test Form 1381 (Trauma Report), and a DD Form 214 (Certificate of Release or Discharge from Active Duty) as documentary evidence in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he enlisted in the United States Army under the Delayed Entry Program on 13 June 2002 and entered active duty on 1 October 2002. He completed basic combat training and advanced individual training. Upon completion of advanced individual training, he was awarded the military occupational specialty (MOS) 11B (Infantryman). The available records indicate the applicant served honorably until he was released from active duty at the expiration of his term of service on 28 March 2007. The highest grade the applicant attained while on active duty was the rank of sergeant (SGT)/pay grade E-5.
2. A DA Form 1156, dated 20 February 2006, shows the applicant was lightly wounded as a result of hostile action on 20 February 2006 in Samarra, Iraq.
3. MEDCOM Test Form 1381, dated 20 February 2006, shows the applicant was examined and treated by a medical officer for a puncture wound in his right shoulder. This form shows the wound was sustained as a result of shrapnel from an enemy placed IED attack. The form further shows the applicant was treated and returned to duty with his unit.
4. The applicant's DD Form 214 does not indicate he was awarded the Purple Heart.
5. The applicant's Official Military Personnel File (OMPF) does not indicate he was awarded the Purple Heart.
6. 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. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by military medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to award of the Purple Heart due to a wound he sustained as the direct result of a hostile action was carefully considered and determined to be with merit.
2. Local authorities deemed the applicant's wound serious enough to submit a casualty feeder report through command channels in order for it to become a matter of permanent record.
3. Medical documentation confirms the events of the incident during which the applicant sustained a combat-related injury was caused by an instrumentality of war, that his injury was incurred during a war period, and that he received medical treatment prior to being returned to duty at his unit.
4. The evidence fulfills all of the prescribed regulatory criteria and is sufficient to base award of the Purple Heart in this case. Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show award of the Purple Heart for a wound sustained as the result of a hostile act on 20 February 2006 while he was serving in Iraq.
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 to show award of the Purple Heart for a wound sustained as a result of hostile action on 20 February 2006 while he was serving in Iraq.
_ ___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.
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