Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080008228
Original file (20080008228.txt) Auto-classification: Denied

	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 applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 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 applicant’s records and the applicant did not provide any substantiating evidence that shows he actively engaged or was engaged by the enemy.  Furthermore, the applicant’s 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.



ABCMR Record of Proceedings (cont)                                         AR20080008228





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080008228



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100010938

    Original file (20100010938.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant provides, in support of his application, copies of his DD Form 214, certificate for award of the Purple Heart, and orders for award of the Combat Action Badge. Section I (Assignment Information) of the applicant's Enlisted Record Brief (ERB) dated 8 March 2006 shows he was assigned in Italy for a period of 24 months commencing on 29 August 2002. c. Section VIII (Awards and...

  • ARMY | BCMR | CY2008 | 20080009396

    Original file (20080009396.txt) Auto-classification: Approved

    With respect to award of the Good Conduct Medal, the applicant served honorably for 3 years and 2 months, attained the rank/grade of SPC/E-4, served in combat in support of Operation Iraqi Freedom, and was awarded the Purple Heart. There is no evidence that the applicant completed a second period of service during which he would have been entitled to a second award of this medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2007 | 20070003775

    Original file (20070003775.TXT) Auto-classification: Approved

    The applicant requests, in effect, award of the Purple Heart, Army Commendation Medal, Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Army Service Ribbon, the National Defense Service Medal, the Combat Action Badge, the Iraq Campaign Medal, and the Overseas Service Ribbon. The applicant contends that he is entitled to award of the Purple Heart, the Army Commendation Medal, the Global War on Terrorism Service Medal, the Global War on Terrorism...

  • ARMY | BCMR | CY2013 | 20130014755

    Original file (20130014755.txt) Auto-classification: Approved

    His 31 December 2005 DD Form 214 provides the following - * 3 years, 6 months, and 24 days of creditable active service with no lost time * in block 12f (Foreign Service) - 0000 00 00 * his authorized awards as the Purple Heart, Army Commendation Medal, National Defense Service Medal, Army Service Ribbon, Combat Action Badge, Global War on Terrorism Expeditionary Medal (GWOTEM), and Global War on Terrorism Service Medal * he was separated based on temporary records * a DD Form 215...

  • ARMY | BCMR | CY2011 | 20110002500

    Original file (20110002500.txt) Auto-classification: Approved

    The applicant states he sustained injuries as a direct result of an MVA caused when his driver swerved to avoid rocket-propelled grenade (RPG) fire from enemy combatants. The medical documentation and sworn statements show he was treated for injuries due to a vehicle accident and not injuries caused by the enemy. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds received in Balad,...

  • ARMY | BCMR | CY2008 | 20080009633

    Original file (20080009633.txt) Auto-classification: Denied

    It stated that "division commanders in the grade of major general who had troops committed to the combat operation and hospital commanders receiving casualties could award the Purple Heart to Soldiers who were wounded as the direct result, repeat, direct result of enemy action." There is no evidence in the record and the applicant has provided no evidence to show that a Scud missile actually exploded anywhere near the King Abdul Aziz Hospital. In the absence of conclusive evidence that...

  • ARMY | BCMR | CY2006 | 20060006848C070205

    Original file (20060006848C070205.doc) Auto-classification: Denied

    The applicant's military service records contain a copy of a DA Form 4980-10 (Purple Heart) Certificate, dated 8 April 2005, that shows he was awarded the Purple Heart for wounds received in action in Iraq on 13 February 2005. The DA Form 4980-10, dated 8 April 2005, shows he was awarded the Purple Heart for wounds received in action in Iraq on 13 February 2005. He also presents evidence that he was issued two Purple Heart award certificates, dated 8 April 2005 and 3 August 2005;...

  • ARMY | BCMR | CY2014 | 20140007290

    Original file (20140007290.txt) Auto-classification: Approved

    The applicant, the mother of a disabled former service member (FSM), requests correction of the FSM's military records to show he was awarded the Combat Infantryman Badge (CIB). The available evidence clearly shows that the FSM was an infantryman in an infantry unit at the time he was wounded by enemy action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the Combat Infantryman Badge effective 13...

  • ARMY | BCMR | CY2010 | 20100009064

    Original file (20100009064.txt) Auto-classification: Denied

    The applicant provides the following documents: * Statement from his former platoon leader * Statement from a former platoon member * Letter from the U.S. Army Joint Services Records Research Center * DA Form 1594 (Daily Staff Journal or Duty Officer's Log) for 2nd Battalion, 5th Cavalry * Vietnam Combat Certificate * DA Form 1 (Morning Report) * DA Form 305-4 (Unit Manning Roster) CONSIDERATION OF EVIDENCE: 1. His record is void of any orders that show he was awarded the Purple Heart; his...

  • ARMY | BCMR | CY2008 | 20080005727

    Original file (20080005727.txt) Auto-classification: Denied

    There are no general orders in the applicant's records that show he was awarded the Purple Heart. In his undated self-authored statement, the applicant states that he served as a combat medic in the Republic of Vietnam and that he was awarded the Purple Heart during his recuperation at the 24th Evacuation Hospital from an knee injury he sustained in January 1968 during the TET Offensive. Nevertheless, there are no general orders that show he was awarded the Purple Heart and there is no...