IN THE CASE OF:
BOARD DATE: 13 November 2008
DOCKET NUMBER: AR20080009463
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 on 7 April 2003, his unit was making a push into Iraq. An Iraqi Soldier fired a rocket propelled grenade at an ammunition truck that exploded. He sustained a laceration injury to his forehead. The applicant states that he treated himself with his combat life saver bag and later met with his platoon medic. The applicant states that because of the changing situations in Iraq at that time he was not able to get the proper documents to receive the Purple Heart from the medic until he returned to Fort Stewart, Georgia.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), with the period ending 21 February 2004; a DD Form 1380 (U.S. Field Medical Card), dated 21 April 2004; and a DA Form 2823 (Sworn Statement), dated 21 April 2004.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 22 February 2001 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 11B (Infantryman).
3. On 1 September 2002, the applicant deployed to Kuwait in support of Operation Desert Spring. He arrived in Iraq on an unknown date. On
26 August 2003, he departed Iraq.
4. On 21 February 2004, the applicant was honorably released from active duty after completing 3 years, 5 months, and 14 days of creditable active service.
5. The applicant's DD Form 214 for the period ending on 21 February 2004 does not show he was awarded the Purple Heart. His military medical records are not available.
6. A DD Form 1380, dated 21 April 2004, indicates that the applicant was treated for a laceration to the left forehead and administered a bandage, for an injury that occurred on 7 April 2003. He was returned to duty with a follow up with his platoon medic team.
7. The applicant provided a DA Form 2823, dated 21 April 2004, from his platoon medic that stated, "That SPC M______ F_______ was injured with a laceration to the left side of forehead. Patient was treated after Objective Curly. Patient administered self aid using CLS bag supplies. Patient came to me for follow up treatment."
8. There are no general orders in the applicants service personnel records that show he was awarded the Purple Heart. The applicant's name is not listed on the Iraq Casualty Roster.
9. 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. 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.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant sustained a laceration to his left forehead and was administered a bandage and returned to duty. While his injury is unfortunate, there is no evidence in the available records and the applicant has not provided evidence that shows his injury was a result of hostile action. By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action that the wound required treatment by a medical officer, and the treatment record must have been made a matter of official record.
2. The applicant's commander at the time of the incident must have been aware of the incident as well of the severity of the applicant's injury and medical treatment. It appears the commander did not find it appropriate at that time to recommend the applicant for award of the Purple Heart.
3. Regrettably, in view of the foregoing, there is insufficient evidence that would warrant granting the applicant'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.
_______ _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.
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