IN THE CASE OF:	  

		BOARD DATE:	       18 December 2008

		DOCKET NUMBER:  AR20080013509 


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, in effect, he sustained head trauma, back trauma, and hearing loss as a result of an improvised explosive device (IED) in Iraq.  His injury is substantiated by the military documents he provides and a 25 March 2008 Department of Veterans Affairs (VA) disability rating decisional document.

3.  The applicant provides copies of his VA rating decision and 17 pages from his service record.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Wisconsin Army National Guard (ARNG) on 10 October 2001 and served his initial active duty for training from 12 March 2003 through 1 August 2003.  He was awarded the military occupational specialty of 54B (Chemical Operations Specialist) in August 2003 and 91W (Health Care Specialist) in August 2004.

2.  He was called to active duty in support of Operation Enduring Freedom and served in Iraq for the period 11 August 2004 through 13 November 2005.

3.  On 25 January 2005 the applicant was in a vehicle that was hit by an IED.  The official report shows that the applicant was serving as the unit medical aidman and states that although the vehicle sustained significant blast damage, there were no injuries due to shrapnel.

4.  Headquarters, 42nd Infantry Division (Mechanized), Permanent 
Orders 035-015, dated 4 February 2005, awarded the applicant the Combat Medical Badge for participation in combat operations under enemy hostile fire to liberate Iraq on 25 January 2005 in support of Operation Iraqi Freedom.

5.  A 9 August 2005 Chronological Record of Medical Care shows that the applicant was treated for a headache and hearing loss following an IED explosion.  He was in the front passenger seat at the time the IED exploded.  The medical impression was that the applicant had tinnitus, and a post-blast headache.  He received medication for his headache and post-blast screening was recommended.  No other service medical records are currently available.

6.  On 13 November 2005, the applicant was released from active duty and returned to his ARNG unit.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) lists his awards as the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal (ICM), the Armed Forces Reserve Medal with "M" Device, and the Army Service Ribbon.

7.  The applicant was honorably discharged from the Wisconsin ARNG on 9 August 2006.

8.  The applicant's service medical records are on indefinite loan to the VA and as such are not available for Board review.

9.  On 25 March 2008, the applicant was granted VA disability ratings for post traumatic stress disorder (50 percent), right ear tinnitus (10 percent), low back pain (10 percent), and residuals of a closed head injury (10 percent).  These disabilities were awarded based on a review of the applicant's service medical records, two VA medical examinations, and VA treatment records.  The rating decision notes that, on at least two occasions following the IED explosion, the applicant's service medical records show complaints of and treatment for tinnitus, low back pain, and residuals of a closed head injury with momentary loss of consciousness.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-8, provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.  For the purpose of considering an award of the Purple Heart, a "wound" is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  A physical lesion is not required, however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

11.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for award of the Overseas Service Ribbon for successful completion of overseas tours.

12.  U.S. Army Human Resources Command MILPER Message Number 08-123 provides, in pertinent part, guidance on the criteria, applicability, and standards for awarding and wear of service stars on the ICM.  This message lists the Iraq campaigns and states that one bronze service star shall be worn on the suspension and campaign ribbon of the ICM for one or more days of participation in each designated campaign phase.  During the applicant's tour of duty in Iraq credit was awarded for participation in the Iraqi Governance campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's award of the Combat Medical Badge was omitted from his DD Form 214 for the period ending on 13 November 2005.  It is appropriate to correct the record to reflect this award.

2.  The limited available service medical records and the notations of additional service medical records referenced in the VA examinations and disability rating decision demonstrate that on 25 January 2005, as a result of hostile actions, the applicant received a closed head injury for which there is official record of medical treatment.  Combining the official reports of the IED explosion and his award of the Combat Medical Badge shows that the applicant served in and sustained an injury in combat.

3.  Based on the above findings the applicant's records should be corrected by awarding him the Purple Heart.

4.  The applicant's records show that he served in Iraq from 14 November 2004 through 27 October 2005.  Therefore, he is entitled to correction of his records to show he is authorized the OSR.

5.  During the applicant's tour of duty in Iraq credit was awarded for participation in one campaign.  Therefore, he is entitled to correction of his records to show one bronze service star to be affixed to his previously-awarded ICM.

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 the applicant the Purple Heart for wounds received on 25 January 2005,

	b.  correcting the DD Form 214 for the period ending on 13 November 2005 to show award of the Combat Medical Badge and the Purple Heart, and

   c.  adding to his DD Form 214 for the period ending on 13 November 2005 the OSR and one bronze service star to his previously-awarded ICM.


																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)                                         AR20080013509



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ABCMR Record of Proceedings (cont)                                         AR20080013509



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