IN THE CASE OF:
BOARD DATE: 23 October 2008
DOCKET NUMBER: AR20080014297
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 the injuries he received in April 2006 are well documented by medical personnel in his command. He also states that two other Soldiers in the vehicle with him were injured and received Purple Hearts while he did not.
3. The applicant provides a five page self authored statement, a copy of his Department of Veterans Affairs Rating Decision, and a copy of his Post Deployment Health Reassessment (PDHRA) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that he enlisted in the Regular Army on
26 July 2004. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman). The highest rank he attained while serving on active duty was Specialist (SPC)/E-4.
2. Item 18 of the applicants DD Form 214, (Remarks) shows that he served from 26 May 2005 through 26 May 2006 in support of Operation Iraqi Freedom.
3. On 14 November 2004, the applicant was honorably released from active duty after completing a total of 3 years, 3 months, and 19 days of active military service. The DD Form 214 he was issued shows he earned the following awards during his active duty tenure: The Army Commendation Medal (2nd award), the Army Achievement Medal, the Good Conduct Medal, the Global War on Terrorism Service Medal, the Iraqi Campaign Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Combat Infantryman Badge, and the Air Assault Badge.
4. Item 13 of the applicants DD Form 214 does not show award of the Purple Heart.
5. The applicant submitted an unnotarized self-authored statement in which he indicates, in effect, that on 8 April 2008, while he was the driver of the third Humvee in a four vehicle convoy, an improvised explosive (IED) was remotely detonated approximately 15 feet from his vehicle. He states, that shrapnel and the immediate bomb blast showered his vehicle causing everyones ears to ring and to be nauseous. He continued on to his camp and once there he and three other Soldiers sought treatment at the battalion aid station, but the facilities they needed to treat their injuries were not available. The battalion PA told them to request to be medically evacuated but before they could be evacuated a call came in stating that some vehicles in their company had been ambushed, so they left without treatment. He also states that on 18 September 2006, he was evacuated for surgery on an impacted wisdom tooth and he was told that the tooth was bothering him because of the blast from the IED explosion. He concludes by listing the names and units of five Soldiers that were witnesses and would be willing to provide sworn statements in support of his application.
6. The applicant submitted a copy of his PDHRA, dated 16 March 2007, that shows the applicant was deployed in support of Operation Iraqi Freedom, which shows in item 5 (During your deployment were you wounded, injured, assaulted, or otherwise physically hurt?) The applicant answered unsure.
7. The applicant submitted a copy of his Department of Veterans Affairs Rating Decision dated 18 March 2008. The applicant was granted a 30 percent service connected disability for post traumatic stress disorder (PTSD), 10 percent for tinnitus (claimed as ringing in ears), and 10 percent for lumbar strain with muscle spasms.
8. 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 a medical officer, 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 self-authored statement giving details of his injury as a result of an IED were carefully considered but found to be insufficient to support the award of the Purple Heart.
2. There are no general orders available that show the applicant was awarded the Purple Heart and there is no evidence available that shows he was wounded or injured as a result of hostile action or that he was treated for such wounds. Further, there are no supporting documents to verify that he was wounded during his deployment in support of Operation Iraqi Freedom. 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) AR20080014297
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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