IN THE CASE OF:
BOARD DATE: 15 July 2008
DOCKET NUMBER: AR20080008228
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 and the Combat Action Badge.
2. The applicant states that he served in combat with B Troop, 3rd Battalion, 7th Cavalry, from 22 March 2003 to 26 August 2003, and took shrapnel while clearing bunkers in April 2003, but there is no medical documentation of this incident.
3. The applicant provides the following additional documentary evidence in support of his application:
a. DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 22 June 2005.
b. Soldier Deployment History Outprocessing Report, dated 20 May 2005.
c. Enlisted Record Brief (ERB), dated 20 May 2005.
d. DA Form 638 (Recommendation for Award), dated 19 January 2005, showing the applicant was awarded the Army Achievement Medal.
CONSIDERATION OF EVIDENCE:
1. The applicants record show that he enlisted in the Regular Army for a period of 3 years on 7 June 2006. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 19D (Cavalry Scout). The highest rank/grade he attained during his military service was specialist (SPC)/E-4. He was honorably discharged by reason of disability (chronic back pain) on 22 June 2006.
2. The applicants records show that he served in Iraq and Kuwait from 21 January 2003 to 26 August 2003, in support of Operation Iraqi Freedom. He was assigned to B Troop, 3rd Battalion, 7th Cavalry, 3rd Infantry Division.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214, dated 22 June 2005, shows he was awarded the Presidential Unit Citation, the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary and Service Medals, the Army Service Ribbon, and the Army Lapel Button. Item 13 does not show award of the Purple Heart or the Combat Action Badge.
4. Section VIII (Awards and Decorations) of the applicants ERB shows he was awarded the Presidential Unit Citation, the National Defense Service Medal, the Army Service Ribbon, and the Global War on Terrorism Service Medal. Section VIII does not show award of the Purple Heart or the Combat Action Badge.
5. The applicant's records do not contain permanent orders awarding him the Purple Heart or the Combat Action Badge.
6. The applicants medical records are not available for review with this case.
7. A staff member of the Casualty Operations Division, Human Resources Command, Alexandria, Virginia, verified by email on 27 June 2008, that no casualty report was reported or made involving enemy action pertaining to the applicant.
8. 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 military medical personnel, and the medical treatment must have been made a matter of official record.
9. Army Regulation 600-8-22 states the requirements for award of the Combat Action Badge are branch and MOS immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge. However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area. The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement. The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's claim of entitlement to the Purple Heart and the supporting evidence provided were carefully considered. However, in order to support award of the Purple Heart, there must be evidence confirming that the wound or injury for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by military medical personnel, and a record of this treatment must have been made a matter of official record. Unfortunately, those requirements were not met in this case.
2. With respect to the applicant's entitlement to award of the Combat Action Badge, the decision of whether to award an individual a decoration and which decoration to award is a judgment call made by the commander having award approval authority. There is no evidence in the applicants records and the applicant did not provide any substantiating evidence that shows he actively engaged or was engaged by the enemy. Furthermore, the applicants records do not contain a recommendation for award of the Combat Action Badge or permanent orders that show he was awarded the Combat Action Badge. Therefore, there is insufficient evidence to award the applicant the Combat Action badge in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __xxx___ 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.
XXX
_ _______ ______________
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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