IN THE CASE OF:	  

		BOARD DATE:	  	  9 December 2008

		DOCKET NUMBER:  AR20080015350 


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 reconsideration of his request for correction of records to show award of the Purple Heart.

2.  The applicant states that he is 100 percent disabled and has traumatic brain injury, hearing loss, and other injuries due to two events that took place (i.e., in May 2003 and on 2 July 2003) while he was serving in Iraq.

     a.  The applicant states that he has tried to find the personnel that were with him on both these dates, but without any success.  He adds that it was a very high operational tempo at the time, his unit went through some very unusual situations, there were several changes involving the company commander and platoon sergeant, and 17 personnel from the unit were either discharged or sent to jail.

     b.  The applicant states in the original decision pertaining to his application, it stated that the cause of the blast could not be determined.  The applicant explains that the blast during the incident in May 2003 was from an improvised explosive device (IED) and 2 (other) Soldiers were severely wounded and medically evacuated from the theater of operations as a result of the blast. 

     c.  The applicant states he was clearly overlooked by the medical staff of the 54th Engineers in Logistics Support Area (LSA) Dogwood (Iraq).  He adds that his medical records are lost, so the only medical document reverting back to his second injury was the field medical report that he sent to the board, in which it states "blast injury."
3.  On 14 August 2008, Senator Tom H_____ contacted the Army Board of Correction of Military Records (ABCMR) on behalf of the applicant and requested reconsideration of the applicant’s request for award of the Purple Heart due to injuries he sustained while serving in Iraq.  Senator H_____’s request also forwarded the applicant’s self-authored statement, dated 7 August 2008.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20070004011 on 14 August 2007.

2.  The applicant’s military service records show that he enlisted in the Iowa Army National Guard on 21 April 1998, completed initial active duty for training, and was awarded military occupational specialty 88M (Motor Transport Operator).  The applicant was honorably discharged from the Iowa Army National Guard on 30 January 2001.

3.  The applicant enlisted and entered active duty in the Regular Army for a period of 3 years on 31 January 2001 and served in Southwest Asia from
5 November 2002 to 26 November 2002 and again from 4 March 2003 to
26 September 2003.

4.  Along with his original request, the applicant provided a copy of a Standard Form 600 (Chronological Record of Medical Care), dated 30 August 2003, that shows he received medical treatment for pain, hearing loss, and dizziness that he attributed to a blast injury that occurred approximately 3 months earlier.  The document offers no information detailing the source or circumstances of this blast.

5.  The applicant's military service records contain a DA Form 2-1 (Personnel Qualification Record).  Item 9 (Awards, Decorations and Campaigns) does not show award of the Purple Heart.  In addition, there are no orders or any other evidence in the applicant’s military service records that shows he was awarded the Purple Heart.

6.  The applicant's military service records contain a DA Form 2807-1 (Report of Medical History), dated 21 November 2003, that was completed by the applicant for the purpose of documenting his medical and physical condition at the time of his separation processing.  In response to the question “Have You Ever Had or 


Do You Now Have:” in Item 11g (A hearing loss or wear a hearing aid), the applicant made a mark in the “Yes” column.  Item 29 (Explanation of "Yes” Answer(s) - Describe answer(s), give dates(s) of problem, name of doctor(s) and/or hospital(s), treatment given and current medical status) of this document shows the applicant entered “11 G) Have slight hearing loss [due] to exposure to loud noises in Operation Iraqi Freedom.”  This document shows the examining physician assistant commented on the responses provided by the applicant indicating "hearing loss - audiogram OK" and also placed his signature on the document.

7.  The applicant's military service records contain a DA Form 2697 (Report of Medical Assessment), dated 21 November 2003, that was completed by the applicant for the purpose of documenting his medical and physical condition at the time of his separation processing.  There is no indication that the applicant made reference to a head injury, hearing loss, or other injuries related to events in May 2003 or 2 July 2003.  This document also shows the applicant and examining physician assistant both placed their signatures on the document.

8.  The applicant's military service records contain a DA Form 2808 (Report of Medical Examination), dated 21 November 2003, that was completed by the examining physician assistant for the purpose of documenting the applicant’s medical fitness at the time of his separation.  The applicant’s Audiometric Data shows a “Significant Threshold Shift of 2+” and, in pertinent part, contains the note “Routinely Noise Exposed.”  There is no reference made to a head injury or other injuries related to events in May 2003 or on 2 July 2003.  This document also shows the examining physician assistant and reviewing medical officer both placed their signatures on the document.

9.  The applicant's military service records contain a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 30 January 2004 and DD Form 215 (Correction to DD Form 214), dated 25 April 2008.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), as corrected by the DD Form 215, shows he was awarded the Army Commendation Medal, Army Achievement Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal, Iraq Campaign Medal, Global War On Terrorism Expeditionary Medal, Global War On Terrorism Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, Driver and Mechanic Badge with Driver-W Bar, and Army Lapel Button.

10.  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 by medical personnel, and the medical treatment must have been made a matter of official record.  The document provides examples of enemy-related injuries which clearly justify award of the Purple Heart that, in pertinent part, includes injuries caused by enemy placed mines or traps and concussion injuries caused as a result of enemy generated explosions.  This document also states that a Purple Heart is authorized for the first wound suffered, but for each subsequent award an oak leaf cluster will be awarded to be worn on the medal or ribbon.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his request for correction of records to show award of the Purple Heart should be reconsidered because of traumatic brain injury, hearing loss, and other injuries he sustained in May 2003 and on 2 July 2003 while serving in Iraq.

2.  The applicant provides evidence of one medical entry, on 30 August 2003, documenting medical treatment for pain, hearing loss, and dizziness, which he indicated was related to a blast injury that occurred approximately 3 months prior to the medical treatment.  However, this document provides insufficient evidence to support award of the Purple Heart.

3.  There is no medical evidence of record that shows the applicant was treated for traumatic brain injury, hearing loss, or other injuries in May 2003 or on 2 July 2003.

4.  There are no orders in the applicant’s military service records which show that he was awarded the Purple Heart.  In addition, Item 9 of his DA Form 2-1 does not show award of the Purple Heart.

5.  The evidence of record shows that the applicant did not document or make reference to any injury related to an incident in May 2003 or on 2 July 2003 during his separation medical examination on 21 November 2003.  In addition, the examining medical official did not indicate any complaint by the applicant or 

note any medical condition (i.e., brain injury, hearing loss, or any other injury) the applicant sustained as a result of a concussion or blast while the applicant was serving in Iraq.

6.  While the Board does not dispute the sincerity of the applicant's claim, there is insufficient documentary evidence to corroborate that the applicant was wounded or injured as a result of enemy action in Iraq in May 2003 or on 2 July 2003.  The military awards regulatory guidance requires that 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.

7.  Therefore, in the absence of documentation substantiating the fact that the applicant was injured as a result of hostile action in Iraq in May 2003 or on 2 July 2003, that the injury or wound required treatment by medical personnel, and the medical treatment was made a matter of official record, there is insufficient evidence to support the applicant's claim to award of the Purple Heart in this case.

8.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 to amend the decision of the ABCMR set forth in Docket Number AR20070004011, dated 14 August 2007.


2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20080015350



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ABCMR Record of Proceedings (cont)                                         AR20080015350



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