IN THE CASE OF:
BOARD DATE: 22 July 2008
DOCKET NUMBER: AR20080007781
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 while serving in Iraq.
2. The applicant states that the "bad guys" had set fire to some buildings and they needed to clear them prior to securing the area. On 4 June 2007 he was clearing a burning building in Baghdad, Iraq, when something exploded that threw him against a wall. Another person dragged him out of the building and he was taken for medical treatment. He was told by the doctor that he had a bone bruise in his right knee. When he returned to the United States the Department of Veterans Affairs (VA) examined the injury and said he had a tear inside his knee.
3. The applicant provides copies of a routine medical screening sheet from Cropper Hospital; VA Radiology Report, dated 28 January 2008; Statement of Former Wartime Service, dated 8 July 2007; Orders to active duty, dated 1 June 2006; and a Report of Medical Examination, page one, dated 19 November 2004.
CONSIDERATION OF EVIDENCE:
1. On 6 September 1985, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 43E (Parachute Rigger). He served for a period of 2 years and 2 days and was transferred to the United States Army Reserve Control Group (Annual Training).
2. On 23 July 1992, the applicant enlisted in the Ohio Army National Guard. He was subsequently awarded MOS 13F (Fire Support Specialist).
3. Orders 152-118, State of Ohio, dated 1 June 2006, ordered the applicant to active duty in support of Operation Iraqi Freedom.
4. A routine medical screening report, dated 4 June 2007, shows that the applicant was medically evaluated at Cropper Hospital for bone pain to his right knee. This document provides conflicting information. It indicates that the applicant was released without limitations with follow up as needed. On the Injury and Illness Line of the document, it shows the following entries: Not work related; battle related; category: Injuries, Recreational/Sports; Cause Battle Injury/Illness. The underlined entries have been highlighted in yellow but it does not indicate who or when these highlights were made.
5. A memorandum written by the commander, 324th Military Police Battalion, dated 8 July 2007, indicates that the applicant served in Iraq during the period from 13 September 2006 to 12 September 2007. It further indicates his authorization to the Overseas Service Ribbon, Iraqi Campaign Medal, and the Armed Forces Reserve Medal with "M" Device. It does not mention award of the Purple Heart or any qualifying wounds that he may have received while in Iraq.
6. On 15 October 2007, the applicant was released from active duty and transferred to the Ohio Army National Guard.
7. The VA Radiology Report, dated 28 January 2008, verified that the applicant had an oblique tear in his right knee. It does not offer any evidence regarding the source or circumstances of how the applicant received this injury.
8. Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
The available evidence reports that the applicant suffered an injury to his right knee while serving in Iraq. However, the documentation provided is not sufficiently convincing as a basis for award of the Purple Heart. Therefore, the applicants request for this award should be denied.
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.
ABCMR Record of Proceedings (cont) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080007781
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