IN THE CASE OF:	  

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080009247 


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, that the Purple Heart (PH) and Combat Action Badge (CAB).

2.  The applicant states, in effect, he was injured in Orgun, Afghanistan on 
27 March 2005, by a rocket (107mm) attack/blast wave.  He was unconscious and treated for a concussion and received the CAB for this incident.

3.  The applicant provides a Chronological Record of Medical Care dated 
27 March 2005, and a copy of Sworn Statement from a fellow Soldier (DA Form 2823) in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's limited record shows that on 3 December 2004, the applicant was ordered to active duty by the Army National Guard (ARNG) in support of Operation Enduring Freedom.  His military occupational specialty (MOS) was 31B (Military Police) and the highest grade he attained was sergeant (SGT)/pay grade E-5.  The applicant deployed to Afghanistan from 25 February 2005 through 22 February 2006 for a period of 11 months and 28 days.  On 15 March 2006, the applicant was honorably released from active duty after serving 1 year, 3 months, and 13 days of active duty service.   



2.  The applicant’s 15 March 2006 separation document (DD Form 214) shows in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) that he earned the following awards:  the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars; Army Commendation Medal; Army Achievement Medal; Army Good Conduct Medal; Army Reserve Achievement Medal; National Defense Service Medal (2nd Award); Global War on Terrorism Service Medal; Humanitarian Service Medal; Army Lapel Button; German Armed Forces Marksmanship Badge (Gold); Army Service Ribbon; Overseas Service Ribbon (2nd Award); Armed Forces Reserve Medal with “M” Device; Driver and Mechanic Badge with Driver-W Bar; and the Afghanistan Campaign Medal.  The Purple Heart and the Combat Action Badge are not listed among his authorized awards.

3.  The applicant submitted in support of his application a Chronological Record of Medical Care which shows that on 27 March 2005, the applicant was treated for a concussion because he was in close proximity to rockets/mortar rounds.  The applicant complained of a headache and ringing in the ears.  The document further shows, that the applicant was to receive follow-up treatment at Bagram, Afghanistan on 28 March 2005.  

4.  The applicant also submitted as evidence a DA Form 2823 (Sworn Statement) dated 5 July 2007 that was written by Specialist V-----Z, witnessed by a staff sergeant, and the oath administered by a first lieutenant.  The eyewitness stated that on 27 March 2005 he, the applicant, and two other Soldiers that were attached to the 690th Military Police Company were on an overnight enemy combatant pickup mission at Forward Operating Base (FOB) Orgun, Afghanistan. At around 2130 hours the FOB came under rocket and mortar attack.  The applicant ordered the eyewitness to run from their tent to the bomb shelter and the applicant was close behind.  While running to the nearest bomb shelter a rocket or a mortar landed on the other side of the “HESCO” perimeter wall which was close to the applicant’s location.  The shock wave from the blast knocked the applicant to the ground; the eyewitness ran back to the applicant and found the applicant in a dazed state.  The eyewitness helped the applicant up and they proceeded to the bomb shelter until the all clear was given.  Once the all clear was given, the eyewitness walked the applicant over to the medic’s station because the applicant was complaining of a headache and that his ears were ringing very badly.   

5.  The applicant's military record is void of any orders or other documents that indicate the applicant was ever recommended for or awarded the PH by proper authority while serving on active duty.  There are no medical treatment records that indicate he was ever treated for a combat-related wound or injury while serving in Afghanistan. 
6.  Permanent Orders 5324-235, issued by Headquarters, Combined/Joint Task Force CJTF-76, Bagram Airfield, Afghanistan, dated 20 January 2006, awarded the applicant the CAB based on his actively engaging or being engaged by the enemy on 27 March 2005.

7.  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 and 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 medical personnel, and the medical treatment must have been made a matter of official record.

8.  Paragraph 8-8 of the awards regulation contains guidance on the CAB.  It states, in pertinent part, that in order to qualify for the CAB, a member must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized; he/she must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement; and he/she must be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge.  The CAB is authorized from 18 September 2001 to a date to be determined.  The regulation stipulates that the award is not authorized for qualifying service in any previous conflict.  

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item preparation instructions for the DD Form 214.  The instructions for Item 13 are to list awards and decorations for all periods of service. In the priority sequence specified in AR 600-8-22.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The contentions of the applicant, the sworn statements, and the medical care document provided by the applicant were carefully considered; however, it was determined to be insufficient evidence for the award of the PH. 

2.  By regulation, in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a 

record of this treatment must have been made a matter of official record.  There are no PH orders for him on file, there are no official medical records, and the applicant did not provide any medical records in support of his request.  Absent any evidence of record confirming the applicant was wounded in action or treated for a combat-related wound while serving in Afghanistan, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.

3.  Permanent Orders 5324-235, dated 20 January 2006, awarded the applicant the CAB based on his actively engaging or being engaged by the enemy on
27 March 2005.  Therefore, it would be appropriate to add the CAB to his separation document at this time.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 15 March 2006 DD Form 214 by adding the Combat Action Badge, and by providing him a correction to his separation document that includes this award.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart.



      __________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)                                         AR20080009247



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ABCMR Record of Proceedings (cont)                                         AR20080009247



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