IN THE CASE OF:
BOARD DATE: 21 October 2008
DOCKET NUMBER: AR20080011635
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 injuries received during his service in Iraq.
2. The applicant states that he is suffering from traumatic brain injury (TBI) that resulted from numerous improvised explosive devices (IEDs) and mortar incidents while assigned in Iraq in 2003 and 2006.
3. The applicant provides no supporting documentation.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel took no action with regard to this case.
CONSIDERATION OF EVIDENCE:
1. On 3 January 2001, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 19K (Armor Crewman).
2. Records show that the applicant served in Iraq from 1 April 2003 to 28 March 2004; and again from 10 December 2005 to 10 December 2006.
3. DA Form 199 (Physical Evaluation Board (PEB) Proceedings) dated
30 November 2007, shows that the applicant was found to be physically disabled due to a seizure disorder that rendered him unfit for duty. His disability was not the result of a combat related injury. His disability was rated at 80 percent. The PEB recommended that the applicant be placed on the temporary disability retired list (TDRL).
4. Orders 007-0112, III Corps and Fort Hood, Texas, dated 7 January 2008, released the applicant from assignment and duty on 5 March 2008 because of physical disability and placed him on the TDRL effective 6 March 2008.
5. Accordingly, the applicant was released from active duty on 5 March 2008. He had attained the rank of sergeant, pay grade E-5, and had completed 7 years, 2 months, and 3 days of creditable active duty service.
6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the Purple Heart.
7. The applicants service medical records are not available for review.
8. 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. The available evidence clearly shows that the applicant suffered a physical disability and was subsequently placed on the TDRL. However, there is no available evidence showing that his disability was the direct result of any enemy action during either of his assignments to Iraq.
2. There is no available evidence showing that the applicant received a traumatic brain injury as a direct result of enemy action.
3. In view of the above, the applicants request for award of the Purple Heart should be denied.
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.
________ _ 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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080011635
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