IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080014660
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 correction of his military records to show award of the Purple Heart.
2. The applicant states, in effect, that he was wounded in Iraq but never received the Purple Heart.
3. The applicant provides copies of his Certificate of Release or Discharge from Active Duty (DD Form 214), Personnel Action (DA Form 4187), Casualty Feeder Report (DA Form 1156), and Witness Statement on Individual (DA Form 1155).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 7 February 2001, the applicant enlisted in the Regular Army for 4 years. He completed his initial training and was awarded military occupational specialty 11B (Infantryman).
3. On or about 17 July 2001, the applicant was assigned duty as a rifle team leader with the 3rd Battalion, 15th Infantry Regiment, at Fort Stewart, Georgia.
4. On or about 25 October 2002, the applicant deployed with his unit to Iraq.
5. On 6 April 2003, the applicant was wounded in action when a rocket propelled grenade (RPG) exploded in front of him. A second RPG hit next to him and threw him and the vehicle he was in off the road. He suffered shrapnel wounds to his left wrist and right hand and a concussive injury to his upper back. He returned to the United States on or about 6 May 2003.
6. On 1 October 2004, the Physical Evaluation Board (PEB) determined that the applicant suffered from upper back pain resulting from a combat-related injury. It rated his injury 10 percent disabling and found him unfit for duty. It further recommended that he be separated with severance pay.
7. On 10 November 2004, the applicant was discharged due to physical disability. He had attained the rank of specialist, pay grade E-4, and had completed 3 years, 9 months, and 4 days of creditable active duty service.
8. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 lists his awards as the Army Commendation Medal, Army Achievement Medal, Presidential Unit Citation (Army), Army Good Conduct Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, [Global] War on Terrorism Expeditionary Medal, [Global] War on Terrorism Service Medal, Army Service Ribbon, Army Lapel Button, Combat Infantryman Badge, and the Driver and Mechanic Badge. It does not show award of the Purple Heart.
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
There are no general orders available that show the applicant was awarded the Purple Heart. However, the applicant's records clearly show that he was wounded in action on 6 April 2003 and received medical treatment. Therefore, the applicant's request for award of the Purple Heart should be granted.
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 awarding him the Purple Heart for wounds sustained in action against the enemy on 6 April 2003 in Iraq.
__________ _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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080014660
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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