IN THE CASE OF:
BOARD DATE: 23 December 2008
DOCKET NUMBER: AR20080014178
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 he be awarded the Purple Heart for wounds received during his service in Iraq.
2. The applicant states, in effect, that he was wounded by a grenade on 18 May 2003 and suffered injuries from an improvised explosive device (IED) explosion on 17 September 2003.
3. The applicant provides copies of his Certificate of Release or Discharge from Active Duty (DD Form 214); witness statement, dated 15 August 2007; Recommendation for Award (DA Form 638) of the Army Commendation Medal, dated in February 2004; Statement in Support of Department of Veterans Affairs (VA) Claim (VA Form 21-4138), dated 19 September 2007; and his VA Rating Decision, dated 24 April 2008.
CONSIDERATION OF EVIDENCE:
1. On 6 November 1985, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 19D (Cavalry Scout). He served through a series of reenlistments and assignments and was retired for length of service on 30 November 2005. He had attained the rank of sergeant first class (SFC), pay grade E-7 and had completed 20 years and 25 days of creditable active duty service.
2. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list award of the Purple Heart.
3. The DA Form 638 provided by the applicant shows that he was recommended for award of the Army Commendation Medal (5th Oak Leaf Cluster) for meritorious service in support of Operation Iraqi Freedom during the period from 25 April 2003 to 15 April 2004. Part III, Justification and Citation Data, states that on 18 May 2003, his fire station came under attack by combatants with grenade and small arms. He suffered pain and concussion from an exploding grenade, but without hesitation, quickly organized and oversaw the defense of the platoon. His actions allowed the platoon to engage the combatants and effectively stop the attack. The narrative does not state that the applicant was given medical treatment.
4. The DA Form 638 also states that on 17 September 2003, while conducting Coalition Provisional Authority escort missions near Taji, Iraq, the applicants convoy came under attack. The platoon leader and his crew were wounded and their vehicle was disabled. The applicant immediately took charge of the patrol, established security at the site, and supervised and assisted in providing first aid and evacuation of the wounded. The narration does not show that the applicant was wounded.
5. The applicant's service medical records are not available for review.
6. In a signed statement, dated 15 August 2007, a former member of the applicants platoon stated that on 18 May 2003, the applicant took the brunt of a blast from a grenade. He was no more than 15 feet away from the explosion and was not wearing a helmet or body armor. He was obviously shaken by the concussion from the grenade. The author does not state what, if any, medical treatment was rendered to the applicant.
7. In a signed statement in support of his VA claim, dated 19 September 2007, the applicant stated that during an examination for degenerative arthritis the radiology report revealed foreign bodies in the soft tissue of his distal and medial thigh. The applicant said the imbedded shrapnel in his thigh was most likely from one or more IED explosions.
8. The VA Rating Decision provided by the applicant awarded service-connection for residuals of traumatic brain injury (10 percent disabling); for residuals of right anterior thigh shrapnel wound (zero percent disabling); and for anxiety disorder (10 percent disabling). It denied service-connection for post traumatic stress disorder (PTSD).
9. 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 my medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was wounded by a grenade on 18 May 2003 and suffered injuries from an improvised explosive device (IED) explosion on
17 September 2003.
2. The evidence provided by the applicant shows that he may have sustained a concussion and shrapnel wounds during encounters with the enemy in Iraq.
3. Because there is no available evidence substantiating that he was given medical treatment for any injuries that resulted from such enemy engagement, these incidents do not meet the regulatory requirement for award of the Purple Heart.
4. Therefore, the applicant's request for award of the Purple Heart should be denied.
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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080014178
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