IN THE CASE OF:
BOARD DATE: 16 September 2008
DOCKET NUMBER: AR20080007318
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 she be awarded the Purple Heart.
2. The applicant states that she was awarded the Combat Action Ribbon for injuries sustained as a result of an Improvised Explosive Device (IED) . Since she suffered a concussion and head wound as a result of the IED, she believes she is entitled to the Purple Heart.
3. The applicant provides an Inspector General investigation into the applicants Purple Heart; the orders awarding her the Combat Action Badge; the request to award the applicant the CAB, which stated that the applicant received a concussion as a result of an IED explosion; an individual sick slip which shows the applicant was treated by a Medical Corps officer for a mild concussion; a denial for award of the Purple Heart by the Human Resources Command, Alexandria (HRC-A) which stated there was insufficient medical documentation to award her the Purple Heart; her separation document (DD Form 214), and Department of Veterans Affairs (VA) medical records.
CONSIDERATION OF EVIDENCE:
1. The applicants military records show that she enlisted in the Regular Army on 23 October 2003, was awarded the military occupational specialty of motor transport operator, and was promoted to pay grade E-4.
2. The applicant was discharged under honorable conditions (general discharge) on 21 December 2006 for a pattern of misconduct.
3. The IG investigation shows that the applicants command submitted her name for award of the Purple Heart and that request was returned several times for correction of administrative errors. When the unit redeployed back to the United States, some documentation had been lost, resulting in the applicant not being awarded the Purple Heart.
4. Army Regulation 600-8-22 provides that the Purple Heart is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that the applicant suffered from a concussion due to an IED blast while serving in Iraq, the applicant received treatment for her concussion, and that treatment was made a matter of record.
2. As such, the applicant is entitled to the Purple Heart.
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 showing that she was awarded the Purple Heart.
_______ _ 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) AR20080006891
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ABCMR Record of Proceedings (cont) AR20080007318
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