IN THE CASE OF:
BOARD DATE: 09 OCTOBER 2008
DOCKET NUMBER: AR20080012595
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 never received the Purple Heart for wounds that he received by terrorist use of firearms. He states that his unit of record lost the necessary paperwork and that the paperwork was lost between the division level and the local authority several times.
3. The applicant provides in support of his application, a letter from the Director, of the Franklin County Office of Veterans Affairs, dated 26 June 2008; a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214); and a copy of his Chronological Record of Medical Care, dated 3 August 2006.
CONSIDERATION OF EVIDENCE:
1. On 14 November 2003, the applicant enlisted in the United States Army Reserve (USAR) for 8 years, under the Delayed Entry Program. On 18 February 2004, he enlisted in the Regular Army in Indianapolis, Indiana, for 3 years, in the pay grade of E-1. He successfully completed his training as an infantryman. On 31 August 2004, the applicant extended his 3-year period of enlistment for an additional 6 months. The available records show that he was transferred to Iraq on 11 February 2006.
2. The applicants Chronological Record of Medical Care shows that on 3 August 2006, he was treated for an injury to his neck. According to the applicant, he was on a mission on 2 August 2006 when he heard gun fire and soon after, he felt a burning sensation on his neck. He took off his glove, felt the wound and he saw a small amount of blood. He had the medic look at the wound; however, at the time, there was nothing that the medic could do. The applicant was instructed to go to the clinic when he got the chance to do so.
3. In the chronological Record of Medical Care, the applicants medical care provider agreed with a note that was written by the medic. The medical care provider stated that the applicant was presenting a superficial abrasion on the lower left side of his neck and that it was likely that the injury occurred as a result of a bullet graze. He was treated with Ibuprofen (Motrin) and Bacitracin.
4. The available records show that the applicant returned to the Continental United States on 23 November 2006.
5. On 17 August 2007, the applicant was honorably released from active duty (REFRAD) upon completion of his required active service, and he was transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation. The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the Army Commendation Medal (2nd Award), the Army Good Conduct 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 Infantryman Badge.
6. A review of the available records does not show that orders were ever published awarding him the Purple Heart for the wound that he received to the left side of his neck on 2 August 2006.
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 by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The available records show that the applicant is entitled to award of the Purple Heart.
2. He sustained an abrasion to the left side of his neck on 2 August 2006, as a result of a bullet graze, while he was on a mission in Iraq. His Chronological Record of Medical Care shows the medical care provider noted that the injury likely occurred from a bullet graze.
3. The applicant has met the criteria contained in the Army Regulation 600-8-22 for award of the Purple Heart and his records should be corrected to include this award.
4. In view of the foregoing, it would be in the interest of justice to correct the applicants records as recommended below.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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 him the Purple Heart for the abrasion that he received to the left side of his neck, due to a graze from a bullet on 2 August 2006, while he was in Iraq, serving in the rank of specialist four (E-4), and amending his DD Form 214 accordingly.
___ 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.
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