IN THE CASE OF:
BOARD DATE: 29 JULY 2008
DOCKET NUMBER: AR20080008433
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 that he did not receive the Purple Heart for injuries that he sustained while he was in Iraq.
3. The applicant provides in support of his application, a copy of his Physical Evaluation Board (PEB) Proceedings dated 24 July 2007; and a copy of a Medical Record Consultation Sheet dated 29 May 2006.
CONSIDERATION OF EVIDENCE:
1. After completing 1 year, 2 months and 4 days of total prior inactive service in the United States Army Reserve, the applicant enlisted in the Regular Army on 25 May 2005, in Dallas, Texas, for 3 years, in the pay grade of E-4. While he was in the Army, he was awarded a military police military occupational specialty.
2. On 29 May 2006, the applicant was seen by a physical therapist at Wilford Hall Medical Center in San Antonio, Texas, after his chest hit a 50 caliber "RAM" when his vehicle hit a big hole traveling at 40 miles per hour. According to the Medical Record Consultation Sheet, the incident occurred approximately 1 week prior to his visit with the physical therapist. As a result of this incident, he was experiencing tenderness to his mid sternum, his right ribs and his right post ribs. He was treated for his injuries, placed on a physical profile and scheduled for a follow-up appointment.
3. The PEB Proceedings that the applicant submitted in behalf of his application shows that a PEB convened on 24 July 2007 to determine the applicant's fitness for retention on active duty. The PEB diagnosed the applicant with chest wall/rib pain from costochondritis, which follows blunt trauma to the chest from a machine gun.
4. On 20 August 2007, he was honorably discharged, with severance pay, by reason of physical disability. The Certificate of Release or Discharge from Active Duty (DD Form 214) that he was furnished shows that he served in Iraq from 6 November 2005 through 5 November 2006. However, it is unclear how he could have been in Iraq until 5 November 2006 and also be at Wilford Hall Medical Center in San Antonio, Texas, on 29 May 2006.
5. The applicant's DD Form 214 further shows that he was awarded the Army Commendation Medal, the Army Achievement Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, the Army Service Ribbon, the Overseas Service Ribbon and the Driver and Mechanic Badge w/Driver Wheeled Vehicle(s) Clasp.
6. A review of the available records does not show that the applicant was ever wounded as a result of hostile action by enemy forces.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound/injury was the result of hostile action, the wound/injury must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. There is no evidence in the available records, nor has the applicant submitted any evidence, to support his contention that he is entitled to be awarded the Purple Heart.
3. The evidence of record clearly shows the applicants chest hit a 50 caliber "RAM" when his vehicle hit a big hole traveling at 40 miles per hour. His PEB Proceedings show that he was diagnosed with chest wall/rib pain from
costochondritis, which follows blunt trauma to the chest from a machine gun. The incident appears to have been an accident which was not a direct result of hostile action. As such, his wound/injury does not meet the criteria for award of the Purple Heart.
4. In accordance with the applicable regulation in order to be awarded the Purple Heart substantiating evidence must be provided to verify that the wound/injury was the result of hostile action. The available evidence fails to show that his wound/injury was the result of hostile action and in the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20080008433
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ABCMR Record of Proceedings (cont) AR20080008433
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