IN THE CASE OF:	  

		BOARD DATE:	  9 September 2008

		DOCKET NUMBER:  AR20080010695 


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 for an injury he received when his convoy was hit with an improvised explosive device (IED).

2.  The applicant states he was never awarded the Purple Heart.

3.  The applicant provides two personal statements and two pages from his Department of Veterans Affairs (VA) Rating Decision.

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 applicant’s 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 applicant’s 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 Arkansas Army National Guard (ARARNG) on 
3 March 1980 and served continuously until his retirement on 10 September 2006.
3.  The applicant's records contain his DD Form 214 (Certificate of Release or Discharge from Active Duty) that covers a period of active duty during the period from 12 October 2003 to 21 April 2005.  An entry in Item 18 (Remarks) indicates the applicant was ordered to active duty in support of Operation Iraqi Freedom in accordance with 10 USC (United States Code) 12302.  An additional entry shows the applicant received imminent danger pay during the period from 20 March 2004 to 31 March 2005 while serving in Iraq.

4.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not contain an entry for award of the Purple Heart.

5.  On 10 September 2006, the applicant was discharged from the ARARNG and transferred to the Retired Reserve with 26 years, 6 months, and 8 days of service for retired pay.

6.  There are no orders in the applicant's military service records awarding him the Purple Heart.

7.  The applicant's service medical records were not available for review.

8.  The applicant submitted a statement, dated 1 June 2008, signed by retired Sergeant Major G____n.  Sergeant Major G____n stated he was the applicant's first sergeant while serving with the 39th Brigade Combat Team in Iraq.  Sergeant Major G____n stated that during their tour in Iraq one of the convoy missions resulted in the applicant's direct contact with an IED.

9.  The applicant submitted an undated statement from Sergeant First Class S_____R.  Sergeant First Class S_____R stated the applicant was traveling on a command and control mission when his vehicle was struck by an IED on 
11 August 2004.  Sergeant First Class S_____R further stated that after that mission the applicant began showing signs of battle fatigue and had problems with headaches and memory loss.

10.  The pages from his VA Rating Decision, dated 7 March 2008, submitted by the applicant, show he is service-connected for nine disabilities including post-traumatic stress disorder; degenerative joint disease in his lower back, neck, left and right knees; headaches; neuropathy in his left and right upper extremities; and hearing loss.


11.  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, and the medical treatment must have been made a matter of official record.  A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of hostile action.  
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Purple Heart for an injury he received in Iraq.

2.  The information provided in the third party statements provided by the applicant were carefully considered.  However, neither party indicated the applicant was wounded or physically injured or that he required treatment.

3.  Neither the applicant nor the statements submitted by the applicant provide any evidence of what injury the applicant received as a result of his contact with an IED.  There is no evidence of the applicant having required medical treatment for an injury and there was no official record made.

4.  In the absence of military records which show that the applicant was wounded or treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  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.  





      _______ _   _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)                                         AR20080010695



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ABCMR Record of Proceedings (cont)                                         AR20080010695



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