IN THE CASE OF:
BOARD DATE: 18 September 2008
DOCKET NUMBER: AR20080012959
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 correction of his military records to show award of the Purple Heart for injuries received in action in Iraq.
2. The applicant states that he was injured in combat due to enemy action.
3. The applicant provides copies of his Certificate of Release or Discharge from Active Duty, effective 26 November 2006; Wartime Statement of Service; orders awarding him the Army Commendation Medal; Chronological Record of Medical Care, dated 29 December 2005, 23 May 2006, 30 May 2006, and 16 June 2006; sworn statements from himself and his company commander; Statement of Medical Examination and duty Status (DA Form 2173); and a radiology report dated 22 February 2007.
CONSIDERATION OF EVIDENCE:
1. On 28 August 2005, the applicant, a member of the South Carolina Army National Guard, was ordered to active duty in support of Operation Iraqi Freedom.
2. On 5 November 2005, the applicant was assigned duty with the 122nd Engineer Company, in Iraq.
3. On 28 December 2005, the applicant suffered from smoke inhalation, pain and stiffness to his shoulder, hip, and groin as the result of an explosion from a vehicle based improvised explosive device (VBIED). He received initial medical treatment for these injuries on 29 December 2005, with follow up medical care on 23 May 2006; 30 May 2006; and 16 June 2006.
4. DA Form 2173 (Statement of Medical Examination and Duty Status) dated
6 July 2006, states that the applicant sustained shortness of breath and pain to his left shoulder from a VBIED on 28 December 2005. The applicant was conducting a routine clearing patrol when a vehicle crashed into his vehicle and detonated. He received smoke inhalation and an injury to his shoulder. The investigating officer found the applicants injuries to have occurred in the line of duty.
5. On 26 November 2006, the applicant was released from active duty. He had completed 1 year, 2 months, and 29 days of creditable active duty during this period of service.
6. Item 13 (Decorations, Medals, Badges, Citations and Campaign ribbons Awarded or Authorized) of the applicants DD Form 214, effective 26 November 2006, lists his awards as the Army Commendation Medal, Joint Meritorious Unit Award, Army Reserve Components Achievement Medal (three awards), National Defense Service Medal (three awards), Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Humanitarian Service Medal, Iraq Campaign Medal, Army Service Ribbon, Armed Forces Reserve Medal, Overseas Service Ribbon, Army Reserve Components Overseas Training Ribbon, Armed Forces Reserve Medal with M Device, and the Combat Action Badge. It does not show award of the Purple Heart.
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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
The available evidence clearly shows that the applicant sustained injuries as a direct result of enemy action and was given medical treatment. Therefore, he should be awarded the Purple Heart.
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:
a. awarding him the Purple Heart for wounds received in action on
28 December 2005; and
b. showing, in addition to the awards already shown on his DD Form 214, effective 26 November 2006, that his awards include the Purple Heart.
__________ _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) AR20070015723
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ABCMR Record of Proceedings (cont) AR20080012959
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