IN THE CASE OF:
BOARD DATE: 29 July 2008
DOCKET NUMBER: AR20080006839
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 that he be awarded the Purple Heart.
2. The applicant states, in effect that he was wounded by enemy fire on
11 February 2007. He was never informed of a decision to deny him the Purple Heart.
3. The applicant provides copies of a Standard Form 600 (Chronological Record of Medical Care), dated 22 February 2007; a DA Form 1156 (Casualty Feeder Report), dated 23 February 2007; a DA Form 2173 (Statement of Medical Examination and Duty [line of duty] Status), dated 21 March 2007; a DA Form 4187 Personnel Action, dated 22 March 2007; and a DA Form 4187-1-R (Personnel Action Addendum).
CONSIDERATION OF EVIDENCE:
1. The applicant, an Army National Guard sergeant first class, was serving on active duty, in Iraq, during operation Iraqi Freedom.
2. The Standard Form 600 reports that, at 0342 hours on 22 February 2007, following a mortar attack, the applicant sought medical treatment for abrasions on the forth and fifth fingers of his left hand. The recording medical personnel indicated that the injury was "Battle Related" and that the cause was "Battle Injury/Illness."
3. The Casualty Feeder Report was prepared by a first sergeant. It records the "Inflicting Force and Weapons" as "Enemy" and "Mortar." The circumstances are described as follows: "Was in bunker during first volley. After all clear was sounded was on way to billeting area. When second volley came in, was approximately 75 to 100 yards from impact. Was struck in hand by fragments from blast. Treated by CSC S____ TMV." The signature blank that specifies
"Approved by Commander (Field Grade Officer)" is unsigned.
4. The DA Form 2173 (line of duty determination) was completed 21 March 2007. It states that the applicant incurred shrapnel wounds to the forth and fifth fingers of the left hand during a mortar attack. The form is signed by Captain Don E. K____.
5. The Personnel Action, DA Form 4187, dated 22 March 2007 recommends that the applicant be awarded the Purple Heart. It states that the applicant was "wounded in action" and relates essentially the same information as reported in the Casualty Feeder Report in that he "received fragmentation wounds" to his left hand from the blast of the second enemy volley. It was signed by the same Captain Don E. K____.
6. The battalion commander, on 5 April 2007, recommended disapproval on the Personnel Action Addendum. He commented, "Questionable package. Only evidence of enemy induced wound is Soldier's own statement. Medical report does not make cause of injury clear." The brigade commander recommended disapproval, without comment. On 22 April 2007 the commanding general disapproved the award of the Purple Heart.
7. 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 medical personnel, and the medical treatment must have been made a matter of official record.
8. Army Regulation 15-185 (Army Board for Correction of Military Records [ABCMR]), paragraph 2-9 states that "The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence."
DISCUSSION AND CONCLUSIONS:
1. Whether or not the applicant was aware that the award of the Purple Heart had been approved, the deficiencies cited in the disapproval were easily correctible. Yet no substantiating evidence was provided to support overturning that denial.
2. Furthermore, the Casualty Feeder Report and the Personnel Action indicates that the applicant sustained fragment wounds; yet, the Chronological Record of Medical Care shows that he was treated for abrasions. This discrepancy militates against the requested relief.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit 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 for correction of the records of the individual concerned.
__________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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