IN THE CASE OF:
BOARD DATE: 12 August 2008
DOCKET NUMBER: AR20080009425
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.
2. The applicant states that after demobilization, he worked to ensure the awards for his platoon was complete and did not have time to ensure his own record was in order.
3. The applicant provides:
a. an incident report dated 5 August 2005 which shows that a military vehicle was destroyed by an improvised explosive device (IED) on 5 August 2005, resulting in two Soldiers being wounded in action, one Soldier left unconscious, and one Soldier with a concussion.
b. his own sworn statement in which he states that he received a concussion, swelling to the brain, and muscle injuries consistent with traumatic injury as well as injuries to his neck and back.
c. a movement control center trip ticket.
d. orders awarding him the Combat Action Badge.
e. his separation document (DD Form 214).
f. a Department of Veterans Affairs (VA) rating decision which shows he was awarded a 10 percent disability rating for residuals, status post blast injury (claimed as head injury/swelling of the brain due to explosion) and he was awarded a zero percent disability for muscular cervical strain (claimed as neck pain due to explosion of IED).
g. a Radiology Form 332 which shows the applicant complained of persistent headaches.
h. a DA Form 2173 which shows the applicant was examined on 16 August 2005 for ringing in his ears.
i. a chronological record of medical care which shows the applicant was treated for complaints of headaches and pressure over right eye and both ears, which was diagnosed as heat exhaustion.
j. a chronological record of medical care dated 21 August 2005 which shows the applicant was being seen as a follow-up for his headaches.
k. a chronological record of medical care dated 25 August 2005 in which the applicant complained of persistent headaches, right eye and ear pain, and a stiff neck.
l. a consultation sheet dated 25 August 2005 which shows the applicant claimed right eye pain secondary to IED blast. The examining physician noted the applicant had a history of sinusitis.
CONSIDERATION OF EVIDENCE:
1. The applicant, a first lieutenant in the Army National Guard (ARNG), was ordered to active duty in support of Operation Iraqi Freedom on 14 June 2004.
2. He served in Iraq as a platoon leader assigned to 3rd Battalion, 278th Regimental Combat Team, and was honorably released from active duty on 24Â November 2005.
3. Army Regulation 600-8-22 provides that the Purple Heart is awarded for wounds sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The evidence submitted by the applicant makes it abundantly clear that he was in a military vehicle which was destroyed by an enemy IED.
2. What is not abundantly clear is whether the applicant was wounded as a result of the IED blast.
3. By the documentation provided by the applicant, he first sought medical care for headaches 11 days after the IED destroyed his vehicle.
4. While a line of duty investigation was initiated, there is no evidence to show it was completed and approved.
5. While the applicant has submitted documentation showing that he repeatedly sought treatment for headaches, pain in his eyes, ears and neck, there is no definitive diagnoses for these conditions.
6. At one point the applicant was diagnosed with heat exhaustion. One physician noted that the applicant had a history of sinusitis.
7. Since the applicant was an officer assigned to a combat unit in a combat zone, it must be presumed that the omission of the award of the Purple Heart was not an oversight. Since the applicant has not submitted any documentation to show he was wounded, there would not have been grounds to award the applicant the Purple Heart.
8. As such, there is no basis to grant the applicantÂ’s request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ 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.
_______ _ 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.
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