IN THE CASE OF:
BOARD DATE: 12 November 2008
DOCKET NUMBER: AR20080014076
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, in effect, award of the Purple Heart for injuries sustained while serving in support of Operation Iraqi Freedom.
2. The applicant states, in effect, that he should have been awarded the Purple Heart after his convoy was attacked on 7 December 2003 in Abu Ghraib, Iraq leaving him with permanent hearing damage.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), DA Form 2173 (Statement of Medical Examination and Duty Status), DD Form 2215E (Reference Audiogram), DA Form 2823 (Sworn Statement) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show that he was ordered to active duty in support of Operation Enduring Freedom/Iraqi Freedom on 24 January 2003 in military occupational specialty (MOS) 63B (Light Wheel Vehicle Mechanic). The highest rank he attained while serving on active duty was specialist (SPC)/E-4.
2. On 9 May 2004, the applicant was honorably released from active duty after completing a total of 1 year, 3 months, and 9 days of active military service and transferred to a unit within the California Army National Guard. The DD Form 214 he was issued shows he earned the following awards: the Army Commendation Medal, the Marine Corps Good Conduct Medal, the National
Defense Service Medal, the Global War on Terrorism Expeditionary Service Medal, the Global War on Terrorism Service Medal, the Armed Forces Reserve Medal with "M" Device, the Army Service Ribbon, the Overseas Service Ribbon (2nd award), and the Sea Service Deployment Ribbon.
3. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicantÂ’s DD Form 214 does not show award of the Purple Heart.
4. The applicant submitted a copy of his DA Form 2173, dated 21 April 2004 which shows that the applicant was examined on 19 April 2004 for an accident that occurred in Abu Ghraib, Iraq when an IED (improvised explosive device) exploded by the vehicle [2 1/2 Ton truck] that the applicant was driving, but it does not show in Item 10 the nature or extent of the injury the applicant incurred.
5. The applicant submitted a copy of his DD Form 2215E, dated 19 April 2004 which shows that he had a hearing exam on that date that shows that he was routinely exposed to noise.
6. The applicant submitted two pages of a three paged sworn statement in which he indicates, in effect, that on 7 December 2003 his vehicle was directly targeted by an IED while he was on a military supply route. He states that since that day he has had ringing in his ears and has noticed a hearing loss. He also states that his vehicle was hit on the front and driver sides and that he was a passenger in the truck.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention and submissions to include his sworn statement giving details of his injury as a result of an IED were carefully considered but was found to be insufficient in evidence to support award of the Purple Heart.
2. There is no evidence in the applicant's record nor did the applicant submit any evidence that shows he was wounded or injured as a result of hostile action or that he was treated for such wounds sustained immediately following an IED
explosion on 7 December 2003 while deployed in support of Operation Enduring
Freedom and Iraqi Freedom. The applicant submitted a DA Form 2173, dated
21 April 2004 which shows that an IED exploded near his vehicle, but it does not show that he was injured in the explosion. The applicant submitted a document that shows he had a hearing test after his redeployment, but he did not submit any evidence that shows he received any medical treatment immediately following the explosion. In the absence of such evidence, there is insufficient basis to grant award of the Purple Heart in this case.
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.
___________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) AR20080014076
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070014913
The applicant provides copies of a one-page self-authored statement rebutting the U.S. Army Human Resources Command's previous decision to deny the Purple Heart, a one-page self-authored statement authorizing a Veterans' Affairs representative to serve as counsel on her behalf in this matter, a letter from the Veterans' Affairs representative, a self-authored sworn statement, and her DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of this application. While...
ARMY | BCMR | CY2007 | 20070018776
The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), with the period ending 13 December 2006; a Standard Form (SF) 600 (Chronological Record of Medical Care), dated 27 March 2005; an undated Serious Incident Report; a DA Form 2173 (Statement of Medical Examination and Duty Status), dated 30 March 2005; two DA Forms 2823 (Sworn Statement), with dates 28 March 2005 and 31 March 2005; an undated memorandum from the 467th Engineer Battalion; two DA Forms...
ARMY | BCMR | CY2008 | 20080016735
IN THE CASE OF: BOARD DATE: 26 February 2009 DOCKET NUMBER: AR20080016735 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty); an unauthenticated DA Form 4187 (Personnel Action); a DA Form 2173 (Statement of Medical Examination and Duty Status), dated 26 September 2004; a Standard Form 600 (Chronological Record of Medical Care), dated 23 September 2004; an undated DA Form 2823 (Sworn Statement); a DA...
ARMY | BCMR | CY2005 | 20050001568C070206
Member Ms. Carol A. Kornhoff Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provided a Standard Form 600 (Chronological Record of Medical Care), dated 9 October 2003, which shows the applicant was treated for a puncture wound on his thumb, an injury sustained during an IED attack. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him...
ARMY | BCMR | CY2005 | 20050001568C070206
The applicant requests correction of his records to show award of the Purple Heart. The applicant provided a Standard Form 600 (Chronological Record of Medical Care), dated 9 October 2003, which shows the applicant was treated for a puncture wound on his thumb, an injury sustained during an IED attack. 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 wounds received in action on 9...
ARMY | BCMR | CY2013 | 20130011940
An LOD was completed on a DA Form 2173 stating the applicant sustained an injury to his ribs due to an IED blast. He was returned to duty on 20 June 2007. By regulation, in order to award the Purple Heart it is necessary to establish the Soldier was wounded in action, the wound required treatment by a medical officer, and the treatment record must have been made a matter of official record.
ARMY | BCMR | CY2008 | 20080010025
The applicant requests, in effect, that her records be corrected to show that she was wounded in action and awarded the Purple Heart. The applicant contends that her records should be corrected to show she was wounded in action and awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Purple Heart for wounds sustained on 17 November 2004.
ARMY | BCMR | CY2008 | 20080006709
In support of his application, the applicant provides copies of his 2004 TPU assignment orders, his 2004 Officer Evaluation Report (OER), his 2005 Service School Academic Report, his 2004 DD Form 214 (Certificate of Release or Discharge from Active Duty), his Joint Service Achievement Medal award orders and certificates, his Recommendation for award of the Purple Heart, a 2004 convoy Task Incident Report, his DA Form 2173s (Statement of Medical Examination and Medical Record Data), his DVA...
ARMY | BCMR | CY2008 | 20080018964
The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 14 July 2006 to 22 March 2008; a DA Form 2173 (Statement of Medical Examination and Duty Status) and DD Form 689 (Individual Sick Slip), both dated 10 January 2007; three pages of Standard Form (SF) 600 (Health Record – Chronological Record of Medical Care), dated 19 September 2007; a four-page SF 600, dated 10 October 2007; three three-page SFs 600, dated 16, 18, and 25 October 2007;...
ARMY | BCMR | CY2006 | 20060011732
The Board considered the following evidence: Exhibit A - Application for correction of military records. There are no medical records in the available military personnel file that show the applicant sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action. In the absence of the evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon...