IN THE CASE OF:
BOARD DATE: 17 SEPTEMBER 2008
DOCKET NUMBER: AR20080010562
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, in effect, that he requests award of the Purple Heart based on close proximity to friendly fire while engaging enemy insurgents in Fallujah, Iraq.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a copy of his Physical Evaluation Board (PEB); a copy of his Medical Evaluation Board Narrative Summary; a narrative in support of an award; and 5 supporting statements.
CONSIDERATION OF EVIDENCE:
1. The applicant served in the Regular Army from 29 October 2002 through
14 December 2005. He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Infantryman). He attained the grade of specialist/E-4. He was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(3), due to a physical disability. He received $10,772.60 in severance pay.
2. The applicant served in Iraq from 1 September 2003 15 September 2004. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show award of the Purple Heart.
3. There are no medical records in the available military personnel file that show the applicant sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.
4. There are no general orders in the applicant's records to show he was awarded the Purple Heart.
5. The applicant's name does not appear on the Defense Casualty Information Personnel System (DCIPS).
6. The applicant provided supporting statements from fellow Soldiers who attest that he was wounded by shrapnel in the left hand while he was heavily engaged by small arms and mortar fire. At the time the Air Force ordered an F-16 to drop a 500 pound bomb on the enemy position. The shrapnel from the bombing blast injured the applicant. He was treated by a medic on site; his wounds were minor.
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 an 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, and the medical treatment must have been made a matter of official record. This regulation also stipulates that Soldiers wounded or killed as a result of "friendly fire" in the "heat of battle" will be awarded the Purple Heart as long as the "friendly" projective or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the Purple Heart.
2. There are no general orders that show the applicant was awarded the Purple Heart. His name is not listed on the DCIPS. There are no available medical records showing he was wounded or injured as a result of friendly fire or treated for such wounds.
3. In order to be entitled to award of the Purple Heart as a result of "friendly fire," the applicant must show that the wound he sustained from "friendly fire" was in the "heat of battle" and that the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. Although the applicant has provided supporting statements attesting that he was wounded as a result of friendly fire, there is no corroborating evidence in his official record to substantiate his allegations. Regrettably, the supporting statements in themselves are insufficient to establish entitlement to award of the Purple Heart. Therefore, in the absence of corroborating evidence, the applicant's request must be denied. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board unanimously determined during their review that the sworn witness statements and award citations the applicant submitted were sufficient to adequately document his entitlement to award of the Purple Heart, based on the friendly fire clause and treatment by medical (combat lifesaver) personnel. As a result, the Board commends that all Department of the Army Records of the individual concerned be corrected by awarding him the Purple Heart for a wound received on 28 April 2004.
___ 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.
ABCMR Record of Proceedings (cont) AR20080010562
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