IN THE CASE OF:
BOARD DATE: 18 NOVEMBER 2008
DOCKET NUMBER: AR20080013199
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 he was wounded during combat in Afghanistan, but he was not awarded the Purple Heart because of a personality conflict between himself and his upper echelon commanders.
3. The applicant provides:
a. His DD Form 214 (Certificate of Release or Discharge From Active Duty).
b. A computerized medical report, not further identified, showing that his right forearm was x-rayed and the results were Overall, unremarkable radiographs of the right forearm.
c. A handwritten Chronological Record of Medical Care form showing that the applicant complained of lower back pain following a rocket attack on his convoy. The prescribed treatment was R.I.C.E. (Rest, Ice, Compress, Elevate), motrin, and RTC (return to clinic) if the situation worsens.
d. A 3-page, computerized Chronological Record of Medical Care form showing that on 5 December 2007 the applicant was evaluated for a contusion with intact skin surface elbow right and contusion with intact skin surface back and osteoarthritis. His right arm showed no swelling, no erythema, and no atrophy. His right elbow showed no swelling or redness, and had a normal range of motion (ROM). His spine was normal. He was released to duty with no limitations.
e. Memorandum, Provincial Reconstruction Team (PRT) Gardez (Paktia Province, Afghanistan), dated 2 December 2007 was written by a Soldier who was the driver of the applicants vehicle when the vehicle was rocked by an explosion which slammed the applicant against the turret [applicant was the gunner]. He adds the applicant immediately returned fire. After arriving at the Forward Operating Base (FOB), it was discovered that the applicant had injured his elbow.
f. Memorandum, Provincial Reconstruction Team (PRT) Gardez (Paktia Province, Afghanistan), dated 2 December 2007, written by the applicant concerning the enemy contact on 2 December 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant is an Army National Guard (ARNG) Soldier serving as a private first class (PFC/E-3) infantryman with Company A, 1st Battalion, 158th Infantry, Tucson, AZ.
2. The applicant served in Afghanistan from 28 March 2007 to 1 March 2008. On 2 December 2007, he was involved in an incident with insurgents in Paktia Province during which his convoy of vehicles was fired upon. During the incident, he bumped his arm.
3. The applicant reported to the medical clinic complaining of low back pain and right elbow pain. He was examined and x-rays were taken. He was told to rest his arm, ice his elbow, apply compression, keep the elbow elevated (R.I.C.E). He was given 800mg tablets of motrin.
4. The applicants DD Form 214 does not show the Purple Heart as an authorized award.
5. The applicants records do not contain a request from his unit to the approving authority requesting that he be awarded the Purple Heart.
6. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It states the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests the Purple Heart because he bumped his elbow during an insurgent attack on his convoy. He claims his upper echelon commanders denied his award out of personal animus.
2. The applicants records show he reported to the medical clinic following an insurgent incident. He complained about his elbow and back. He was examined and x-rays were taken. The skin on the arm was not broken; the x-ray revealed no broken bones. He was given a prescription for R.I.C.E. and motrin.
3. The applicant has not shown that he was wounded in the sense of the term as used in Army Regulation 600-8-22. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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.
_______ _ 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) AR20080013199
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080013199
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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