IN THE CASE OF:	  

		BOARD DATE:	        09 OCTOBER 2008

		DOCKET NUMBER:  AR20080011645 


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 that he was injured several times in combat in Iraq and should have been awarded the Purple Heart.

3.  The applicant provided the following additional documentary evidence in support of his application:

	a.  Copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 17 May 2008.

	b.  Copy of an undated and unverified Casualty Feeder Report.

	c.  Authorization for Disclosure of Medical and Dental Information, dated 14 March 2008.

	d.  DA Form 2807-1 (Report of Medical History), dated 13 March 2007.

	e.  Standard Form (SF) 600 (Chronological Record of Medical Care), dated on miscellaneous dates in 2006 and 2007.





CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he enlisted in the Regular Army for a period of 3 years and 19 weeks on 6 January 2005.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  The highest grade he attained during his military service was specialist (SPC)/E-4.  He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Group (Reinforcement) on
17 May 2008.

2.  The applicant’s records further show that he served in Iraq in support of Operation Iraqi Freedom from 27 September 2005 to 13 September 2006.  He was assigned to the 1st Battalion, 509th Infantry.  

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214  shows he was awarded the National Defense Service Medal, the Army Commendation Medal (2nd Award), the Army Achievement Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, the Army Service Ribbon, and the Combat Infantryman Badge.  Item 13 of his DD Form 214 does not show award of the Purple Heart.

4.  There are no orders in the applicant's records that show he was awarded the Purple Heart.

5.  Section VIII (Awards and Decorations) of the applicant’s ERB does not show award of the Purple Heart.

6.  An email, dated 19 September 2008, from the Deputy Chief, Army Casualty and Mortuary Branch, Human Resources Command, Alexandria, VA, indicated that there was no casualty report recorded for the applicant.

7.  A second email, dated 22 September 2008, from the Deputy Chief, Army Casualty and Mortuary Branch, Human Resources Command, Alexandria, VA, indicated that there was no casualty report recorded for the applicant.

8.  The applicant submitted a copy of a Casualty Feeder Report, authenticated by (Commander/Medical Officer) an unknown individual, but not verified by the personnel officer.  Item 39 (Circumstances (detailed, factual account)) of this report shows that at 6:35 pm on 4 May 2006, while a gunner of a High Mobility Multipurpose Wheeled Vehicle (HMWWV), during a route clearance, an Improvised Explosive Device (IED) exploded on the left side of the vehicle.  He 
suffered a “0.3 cm puncture wound to the right tip of his nose dorsal surface; multiple small abrasions, nasal and forehead region; left/right eardrums - bloodshot tympanic membrane.”  However, the date and signature of the preparer are also blank.

9.  The applicant’s SF 600, dated 4 May 2006, shows that he was treated at 7:20 pm for shrapnel wounds to the tip of his nose as a result of his earlier encounter with an IED.  He also had ringing in his ears, but denied having any dizziness or light headedness.  He had 2 mm abrasions to the right side of his nose.

10.  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 medical personnel, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Purple Heart, and the evidence presented, was carefully considered; however, there is insufficient evidence to support award of the Purple Heart in this case.

2.  It is unclear who prepared the Casualty Feeder Report submitted by the applicant and on what date.  Additionally, this report is neither verified, nor was it entered into the appropriate military channels.  Furthermore, it appears that the applicant was treated for abrasions on his nose, resulting from what he described as an IED explosion on 4 May 2006.  However, there is insufficient evidence that shows this nose abrasion resulted from the exploding IED or from debris and/or dust or soil secondary to this explosion.

3.  The decision of whether to award an individual the Purple Heart is made by the commander having award approval authority after ensuring that the individual met the criteria for award of the Purple Heart.  In the absence of a completed, authenticated, and verified Casualty Feeder Report, or other evidence, which clearly shows the applicant suffered a wound or injury as a result of hostile action, that he was treated for this wound or injury, and that his treatment was made a matter of official records, there is insufficient to award the applicant the Purple Heart in this case.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   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.



      ___        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)                                         AR20080011645



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ABCMR Record of Proceedings (cont)                                         AR20080011645



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