Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080014297
Original file (20080014297.txt) Auto-classification: Denied

		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 applicant’s 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 applicant’s 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 everyone’s 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

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140008882

    Original file (20140008882.txt) Auto-classification: Denied

    A review of the applicant's military personnel record failed to reveal evidence that he was awarded the Purple Heart for injuries sustained on 20 April 2005. The applicant contends that his records should be corrected to show award of the Purple Heart because he was injured as a result of an IED explosion on 20 April 2005 while serving in Iraq. The evidence of record shows, on 20 April 2005, the applicant's unit was conducting combat operations in Iraq when the vehicle he was in was struck...

  • ARMY | BCMR | CY2008 | 20080014076

    Original file (20080014076.txt) Auto-classification: Denied

    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. 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. There is no evidence in the...

  • ARMY | BCMR | CY2015 | 20150012034

    Original file (20150012034.txt) Auto-classification: Approved

    The applicant provides: * Congressional correspondence * Command Surgeon, Headquarters, U.S. Army Sustainment Command, memoranda, dated 24 November 2014 and 3 June 2015 * extracts of medical records * timeline * DD Form 2900 (Post-Deployment Health Reassessment) * HRC correspondence * Army Directive 2011-07 (Awarding of the Purple Heart), dated 18 March 2011 * revisions to Army Regulation 600-8-22 (Military Awards), dated 11 December 2006 * DA Form 4187 (Personnel Action), dated 4 June...

  • ARMY | BCMR | CY2010 | 20100008482

    Original file (20100008482.txt) Auto-classification: Approved

    The applicant requests award of the Purple Heart and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Military Outstanding Volunteer Service Medal (MOVSM). The applicant’s contention that he should be awarded the Purple Heart for his TBI and his record should be corrected to show he was awarded the MOVSM was carefully considered. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2008 | 20080010617

    Original file (20080010617.txt) Auto-classification: Denied

    The applicant requests correction of his records to show award of the Purple Heart. The applicant states that he was wounded in Iraq on 3 May 2007 and was awarded the Purple Heart on 5 May 2007, and that he was medically evacuated to Madigan Army Medical Center at Fort Lewis, Washington. The applicant provides the following additional documentary evidence in support of his request: a. DA Form 4187 (Personnel Action), Request for award of the Purple Heart and narrative to accompany award of...

  • ARMY | BCMR | CY2008 | 20080009425

    Original file (20080009425.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. j. a chronological record of medical care dated 21 August 2005 which shows the applicant was being seen as a follow-up for his headaches.

  • ARMY | BCMR | CY2009 | 20090003971

    Original file (20090003971.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). He also requests the medical treatment document of 4 February 2004 which he provided and the relevant line-of-duty injuries be noted in his permanent record. As for the applicant's request that the Standard Form 600, dated 4 February 2004, which he provided be noted in his records, this document will be filed together with this record of proceedings for inclusion in his official military personnel...

  • ARMY | BCMR | CY2013 | 20130011152

    Original file (20130011152.txt) Auto-classification: Denied

    A self-authored statement, dated 9 September 2013, appealing this Board's decision to deny him a second award of the Purple Heart. The applicant's service record does not contain orders that awarded him a second award of the Purple Heart. The medical documentation provided by the applicant also shows he reinjured his knee in Afghanistan after he dismounted a truck.

  • ARMY | BCMR | CY2013 | 20130011940

    Original file (20130011940.txt) Auto-classification: Approved

    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 | CY2009 | 20090002515

    Original file (20090002515.txt) Auto-classification: Approved

    The evidence of record also shows that the applicant was given Ibuprofen for pain management. Therefore, his records should be corrected to show award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual be corrected by awarding him the Purple Heart for wounds received on 4 December 2005 and adding it to his DD Form 214 for the period ending 9 June 2006.