IN THE CASE OF:
BOARD DATE: 26 August 2008
DOCKET NUMBER: AR20080010025
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 her records be corrected to show that she was wounded in action and awarded the Purple Heart.
2. The applicant states, in effect, that she would like paperwork to be placed in her records to show she was injured in the line of duty during a convoy attack in Iraq when her vehicle was hit by an IED (Improvised Explosive Device). She has been trying for awhile to receive award of the Purple Heart. Her unit told her that they submitted the paperwork, but when she asked a major to look into it, there was no record indicating she had been in a convoy which was hit by an IED. She is now retired after 21 years of service. She found out that another Soldier that was in the same truck with her received the Purple Heart.
3. The applicant provides a copy her separation document (DD Form 214); DA Form 2173 (Statement of Medical Examination and Duty Status); memorandum from Headquarters, 13th Corps Support Command, dated 29 November
2004; Health Record; Sworn Statement; and State Military Department, Joint Force Headquarters Alabama National Guard, Orders Number 044-551, dated
13 February 2006.
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel record shows she enlisted in the Army National Guard on 6 September 1984. She completed the necessary training and was awarded military occupational specialty (MOS) 76V (Materiel Storage and Handling Specialist). She served continuously as a member of the Alabama Army National Guard in various assignments.
2. She was ordered to active duty in support of Operation Iraqi Freedom and served during the period of 2 August 2004 to 15 July 2005. She was honorably released from active duty and transferred to the 2101st Transportation Company, Camden, Alabama on 21 August 2005. She completed 1 year, 2 months, and 15 days of Net Active Service This Period.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows all the awards she was authorized. However, it does not show the award of the Purple Heart.
4. The DA Form 2173 dated 22 November 2004, shows the applicant was on a fuel convoy mission to Taji, Iraq when her tractor was hit (direct contact) by an IED on 17 November 2004 at 09:08 hours. She was medically evacuated to Camp Victory, where she was treated for a left corneal abrasion, cheek laceration, and post event headaches. Her injury was incurred in the line of duty.
5. Her health record shows she was treated by a medical officer for irritation to the left eye (may have glass in the eye) and superficial corneal abrasions.
6. The sworn statement the applicant submitted under oath, states that she was traveling to Taji, Iraq on 17 November 2004 to download fuel, the vehicle she was in got hit by the first IED causing her to have eye and facial damage as well as a concussion.
7. In the processing of this case a Board staff member contacted the Casualty Branch at U.S. Army Human Resources Command to verify if the applicant's name was listed among those wounded in action. The applicant's name is listed among those wounded in action as a result of hostile force on 17 November 2004.
8. Army Regulation 600-8-22 (Military Awards) 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 by a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her records should be corrected to show she was wounded in action and awarded the Purple Heart.
2. Evidence of record shows that on 17 November 2004, the applicants vehicle was hit by an IED while a member of a convoy enroute to Taji, Iraq, which caused the applicant to sustain a left corneal abrasion and cheek laceration. She was medically evacuated to Camp Victory where she was evaluated and treated by a medical officer for superficial corneal abrasions, cheek laceration, and headaches. The Iraqi Casualty Roster shows her name listed among those wounded. As such, the preponderance of evidence shows the applicant is entitled to award of the Purple Heart.
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 showing award of the Purple Heart for wounds sustained on 17 November 2004.
_______ _ 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) AR20080010025
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