IN THE CASE OF:	  

		BOARD DATE:	  
		DOCKET NUMBER:  AR20080008457 


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, in effect, award of the Purple Heart. 

2.  The applicant states, in effect, that he was hurt twice by an IED (improvised explosive device) and sustained neck and lower back injuries.  He was told that he was up for award of the Purple Heart, but he never received it. 

3.  The applicant provides two DA Forms 2173 (Statements of Medical Examination and Duty Status), dated 29 November 2006 and 25 March 2007; and a Standard Form 600 (Chronological Record of Medical Care) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Wyoming Army National Guard (WYARNG) on 10 February 2001, for 8 years.  He was promoted to sergeant (SGT/E-5) effective 1 August 2004. 

2.  The applicant was deployed to Iraq in support of Operation Iraqi Freedom and entered active duty on 30 June 2006.  





3.  The applicant’s Statement of Medical Examination and Duty Status, dated 29 November 2006, shows he was involved in an IED strike against his vehicle on 25 November 2006.  He was admitted as an out patient at the 399th CSH (Combat Support Hospital) in Speicher, Iraq.  He was diagnosed as having a cervical and lumbar strain.  His injury was considered in line of duty.  

4.  The applicant’s Statement of Medical Examination and Duty Status, dated 
25 March 2007, shows he was injured when his vehicle was struck by an IED.  He was the driver of a 5 ton truck which hit an IED in an area of operation of Tikrit, Iraq, on 24 March 2007.  He was admitted as an out patient at the 399th CSH.  He sustained a lumbar strain.  His injury was considered in the line of duty. 

5.  The applicant submits a copy of a Chronological Record of Medical Care, dated 25 March 2007, which shows he was evaluated following an IED explosion on 25 March 2007.  The form states that the applicant was having problems with neck strain and back strain lumbar.  He was released with work duty limitations and advised to follow up at sick call in 2 days for recheck.

6.  The applicant was released from active duty on 4 November 2007, at the completion of required active service, and he reverted to the control of the WYARNG.  

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded:  the Bronze Star Medal; the Army Commendation 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; the Armed Forces Reserve Medal, with "M" Device (2nd Award); and the Combat Action Badge.  The Purple Heart is not listed on the applicant’s DD Form 214.  

8.  Item 18 (Remarks), of his DD Form 214, shows he served in Iraq from 25 September 2006 to 27September 2007.

9.  There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  

10.  A staff member of the Casualty Operations Division, Human Resources Command, Alexandria, Virginia, verified, through email, that a casualty report was made involving the applicant during his period of service in Iraq.  The staff member indicated that the applicant was the driver of a 5 ton truck, as the lead vehicle, during a 27 vehicle convoy when an IED detonated on the driver’s side of the vehicle.  The applicant was also the driver of an M923 that was the first vehicle of a 16 vehicle convoy traveling from Anaconda to Speicher pulling security for KBR (Kellogg, Brown, and Root).  The vehicle was crossing a bridge at the Samara bypass when it was hit by an IED on the front right side.  The applicant arrived at the 399th CSH (South) by CASEVAC (casualty evacuation) on 25 March 2007, at 0245 hours.  The staff member indicated that the applicant sustained lower back and neck strain.  

11.  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 to include injury caused by enemy placed 
IEDs.  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.  The bronze oak leaf cluster is awarded to denote the second and succeeding award of a certain decoration, among which is the Purple Heart.

12.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above.  A physical lesion is not required, however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

13.  Paragraph 2-8d states that "not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion or agent."

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence the applicant was awarded the Purple Heart while he served in Iraq.

2.  To be awarded the Purple Heart, substantiating evidence must be presented to show the Soldier was wounded as a result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.

3.  The medical evidence provide by the applicant shows that he was injured  twice by an IED, on 25 November 2006 and on 24 March 2007, and he sustained neck and lower back injuries, while serving in Iraq.  These injuries were treated by medical personnel, were made a matter of official record, and were the result of hostile action. 

4.  Based on the evidence in this case, the applicant is entitled to two award of the Purple Heart (correctly known as the Purple Heart, 1st Oak Leaf Cluster) and to have it added to his DD Form 214.  The evidence of record shows that he was injured in an IED blast on 25 November 2006 and on 24 March 2007, in Iraq.  The incident as well as his medical treatment was made a matter of official medical record; and the IED could not have been placed in the road by other than a hostile enemy.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

___x____  ____x___  ___x____  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 awarding the applicant the Purple Heart (1st Oak Leaf Cluster) for wounds he sustained as a result of IED’s on 25 November 2006 and on 24 March 2007 while he served in Iraq.



      _______ _ 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)                                         AR20080008457



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ABCMR Record of Proceedings (cont)                                         AR20080008457



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