IN THE CASE OF:
BOARD DATE: 5 June 2008
DOCKET NUMBER: AR20080007105
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 for wounds received in Iraq.
2. The applicant states that on 25 August 2004, he was injured during a night time supply run to their forward troops. Because of debris in the road, limited room to turn trucks around, and small arms and rocket propelled grenade fire, they were only able to run one vehicle at a time. On the return trip to their compound and while he was traversing the turret, he heard a bang and saw a bright light and then nothing. Several minutes later he heard an Iraqi voice and tried to call to his driver. He could not move his jaw and moving his neck was very painful. His injury was caused by a wire that was possibly placed by insurgents to injure or kill turret gunners. He was put in for award of the Purple Heart but it was denied. He contends that his injuries occurred while on a combat operation.
3. The applicant provides copies of the Casualty Feeder Report (DA Form 1156), witness Statement (DA Form 1155), Field Medical Card (DA Form 1380), Sworn Statement (DA Form 2823), and an Individual Sick Slip (DD Form 689).
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel has not provided a statement or additional evidence.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 12 October 2003, the applicant, a member of the Arkansas Army National Guard, was ordered to active duty in support of Operation Iraqi Freedom.
3. The applicant was deployed to Iraq from 20 March to 11 September 2004. He was assigned to Company C, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division.
4. A Casualty Feeder Report shows that the applicant was lightly wounded in action at 2100 hours, 25 August 2004. A Field Medical Card shows that he received medical treatment for a small laceration on his chin. He was transported to the medical clinic for further treatment.
5. On 16 September 2004, the applicant was released from active duty. He had completed 11 months and 5 days of creditable active duty during this period of service.
6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his Certificate of Release or Discharge from Active Duty (DD Form 214) lists his awards as the Army Lapel Button, Army Achievement Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Combat Infantryman Badge. It does not show 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence provided by the applicant shows that he sustained an injury while on a military operation. It is the applicants contention that insurgents placed the wire as a booby trap to cause injury to turret gunners. However, the available evidence does not convincingly substantiate his contention.
2. Furthermore, the applicant states that his recommendation for award of the Purple Heart for this injury was denied. He does not provide any documentation of this denial or explanation as to why it was denied. It is reasonable to presume that the commanders at the time had more information and a better understanding of the circumstances surrounding the events of the applicants injury then are presented with this application.
3. In view of the above the applicants request for award of the Purple Heart should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ __X_____ ___XX___ 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.
ABCMR Record of Proceedings (cont) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080007105
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