IN THE CASE OF:
BOARD DATE: 7 October 2008
DOCKET NUMBER: AR20080007679
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 he injured his back while engaged in hand-to-hand combat with an enemy combatant on 8 June 2003 in Iraq.
3. The applicant provides a DA Form 4187 (Personnel Action), dated 9 February 2005; his sworn statement, dated 16 February 2005; a DA Form 1156 (Casualty Feeder Report), dated 8 June 2003; orders for the Combat Infantryman Badge and Army Commendation Medal; a narrative for the Bronze Star Medal with V Device; discharge orders, dated 9 May 2005; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a deployment memorandum; a DA Form 200 (Transmittal Record), dated 26 June 2003; and three sworn statements from fellow Soldiers at the time in question.
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. The applicant enlisted on 22 May 2002 and trained as an indirect fire infantryman. He served in Kuwait/Iraq from 12 April 2003 to 26 February 2004 and was honorably discharged on 24 May 2005 by reason of physical disability (severance pay).
3. The applicants DD Form 214 shows the Bronze Star Medal with Combat Distinguished Device V, the Army Commendation Medal, the Iraq Campaign Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Lapel Button, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Mortar Bar, the Combat Infantryman Badge, and the Driver and Mechanic Badge with Driver-W Bar as authorized awards.
4. There are no orders for the Purple Heart in the available records.
5. In support of his claim, the applicant provided a DA Form 1156, dated 8 June 2003, which states that he was lightly wounded or injured in action by hostile action in Iraq. This form also states that he was treated for his back injury related directly to his hand-to-hand combat with the enemy.
6. The applicant also provided three sworn statements from fellow Soldiers at the time in question. They attest that on 8 June 2003 while conducting a traffic checkpoint in Iraq an occupant from a vehicle fired multiple shots at the Soldiers at the checkpoint killing one Soldier. They also attest that the applicant detained one vehicle occupant during the attack. The applicants citation for the Bronze Star Medal with V Device states that he killed the gunman and that he engaged in hand to hand combat with a second assailant and then subdued the assailant.
7. 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:
The DA Form 1156 and statements provided by the applicant which state that he was lightly wounded or injured in action by hostile action on 8 June 2003 in Iraq is accepted as sufficient evidence on which to base award of the Purple Heart in this case.
BOARD VOTE:
__XX______ ___XX_____ ____XX____ 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:
a. awarding him the Purple Heart for wounds received in action on 8 June 2003 in Iraq; and
b. adding the Purple Heart to his DD Form 214.
______XXXX_ _ _______ ___
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) AR20080007679
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