IN THE CASE OF:
BOARD DATE: 12 August 2008
DOCKET NUMBER: AR20080008593
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 that he be awarded the Purple Heart for a ruptured eardrum he received in action against the enemy on 16 June 2006.
2. The applicant states his unit was being attacked with machine gun and rocket propelled grenade fire. He readied an AT-4 anti-tank rocket launcher, but he could not get a clear shot from his place of cover behind an armored High Mobility Multipurpose Wheeled Vehicle (HMMWV or Humvee). He passed the weapon up to the gunner on a Humvee, but when the gunner fired the applicant was knocked down by the blast. He saw stars and his ears were ringing. After the fighting, the medic checked him over, but he lacked the equipment to properly evaluate the applicant's ears. Two weeks later, when they stood down, the applicant got water in his left ear during his first shower and was immediately in pain. The medic then found blood in the applicant's ear and the evacuation process started and he was sent to Germany and then to Fort Drum, New York. When he got back to his unit from Fort Drum, he saw his name on a list for the Purple Heart. However, before that was actually accomplished most of the key leaders had been replaced and his Purple Heart seems to have just gotten lost.
3. The applicant provides copies of his medical records from the 14th Combat Support Hospital, the Landstuhl (Germany) Regional Medical Center, and Fort Drum, New York.
CONSIDERATION OF EVIDENCE:
1. The applicant was a Regular Army sergeant on active duty in Afghanistan when the incident occurred.
2. On 26 February 2008 he was discharged at the completion of his required service. He had completed over 8 years of active duty service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) lists his authorized awards as the Army Commendation Medal, Army Achievement Medal (4th Award) Army Good Conduct Medal (2nd Award) National Defense Service Medal, Afghanistan Campaign Medal, Global War or Terrorism Service Medal, Kosovo Campaign Medal, Korean Defense Service Medal, Iraq Campaign Medal, Noncommissioned Officer Professional Development Ribbon (3rd Award), North Atlantic Treaty Organization (NATO) Medal, Combat Infantryman Badge and the Expert Infantryman Badge.
3. The medical records indicate the applicant was a battle casualty and that he had a ruptured left eardrum.
4. 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 or while in action against an enemy. 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. This regulation also provides that there are no time limitations for requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
The records show the applicant was treated for a wound sustained while in action against an enemy. He is entitled to and should be awarded the Purple Heart and it should be added to his DD Form 214.
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 him the Purple Heart for a wound sustained in Afghanistan on 16 June 2006 and showing the Purple Heart as an authorized award on his DD Form 214.
__________ _ 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) AR20080008593
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ABCMR Record of Proceedings (cont) AR20080008593
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