IN THE CASE OF:	

		BOARD DATE:	  25 September 2008

		DOCKET NUMBER:  AR20080011538 


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, award of the Purple Heart.

2.  The applicant states, in effect, that he was involved in a chemical explosion that involved an improvised explosive device (IED).  He was “medically evacuated from Mosul, Iraq to LRMC in Germany.” He was medically discharged due to the attack.  

3.  In support of his request, the applicant provides a separation document (DD Form 214), separation orders, and a LOD report (missing from his file).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the United States Army on 19 July 2005.  He completed basic combat and advanced individual training and was awarded the military occupational specialty (MOS) 19D (Cavalry Scout).  The highest grade he attained was pay grade E-4.  The applicant was assigned to serve in Iraq and arrived there on 19 September 2006.  

2.  On 28 June 2007, the applicant was involved in the detonation of an IED outside of Mosul, Iraq.  Upon detonation, chlorine gas was released into the air and the applicant was exposed to the gas.  The applicant along with the rest of the Bradley crew, were evacuated to Marez in Mosul, Iraq.  The applicant departed Iraq on 7 August 2007.

3.  On 12 March 2008, a Medical Evaluation Board was convened to consider the applicant’s case.  The MEB proceedings diagnosed the applicant as having bronchiolitis – mild.  The MEB also found the applicant's condition was incurred while entitled to basic pay and that the condition did not exist prior to service.  The MEB recommended that his case be referred to a Physical Evaluation Board (PEB). 

4.  On 9 April 2008, a PEB convened to consider his case.  The PEB diagnosed the applicant with chronic bronchitis.  It was also noted that the applicant was a heavy smoker and he continued to smoke.  The applicant was given a 30% disability rating.  He was also found unfit for duty because of a physical disability and that it was recommended he be separated from service under the provisions of Army Regulation 635-40.  The applicant acknowledged that he did not desire to continue on active duty.  

5.  The applicant was honorably retired from active duty, in the rank and pay grade, specialist, E-4, on 11 June 2008, under the provisions of Army Regulation 635-40, paragraph 4-24B (2).  He served 2 years, 10 months and 23 days of active military service.   

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, Certificate of Release or Discharge from Active Duty, shows he was awarded the following:  the Army Commendation Medal; the Army Achievement Medal; the National Defense Service Medal; the Global War on Terrorism Service Medal; the Iraq Campaign Medal; the Army Service Ribbon; the Overseas Service Ribbon and the Combat Action Badge.  The Purple Heart is not shown among the applicant's authorized awards.

7.  There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  

8.  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 to include injury caused by enemy placed 
IEDs.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

9.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above.  A physical lesion is not required, however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

10.  A staff member of the Casualty Operations Division, Human Resources Command, Alexandria, Virginia, verified that the applicant was involved in an IED roadside bombing, on 28 June 2007, and was reported to the Casualty Operations Division, in accordance with established operating procedures.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence the applicant was awarded the Purple Heart while he served in Iraq.

2.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.

3.  A staff member of the Casualty Operations Division, Human Resources Command, Alexandria, Virginia, verified that the applicant was involved in an IED roadside bombing, on 28 June 2007, and was reported to the Casualty Operations Division.

4.  Based on the evidence in this case, the applicant is entitled to award of the Purple Heart and to have it added to his DD Form 214.  The evidence of record shows that his injury was a direct result of being exposed to noxious fumes, chlorine gas from an IED blast on 28 June 2007, in Iraq.  The IED could not have been placed in the road by other than a hostile enemy.  The incident as well as the applicant’s medical treatment was made a matter of official record.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 awarding the applicant the Purple Heart for wounds he sustained in an IED attack on 28 June 2007 while he served in Iraq.





      _______ _   __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)                                         AR20080011538



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ABCMR Record of Proceedings (cont)                                         AR20080011538



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