IN THE CASE OF:	  

		BOARD DATE:	        15 January 2009

		DOCKET NUMBER:  AR20080015686 


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 award of the Purple Heart.

2.  The applicant states that he was injured in Iraq but was not recommended for award of the Purple Heart because he got into an argument with the unit physician assistant (PA), and as a punishment, the PA lost his medical records and would not reconstruct new ones.

3.  The applicant provided three unsubscribed and unsworn DA Forms 2823 (Sworn Statements), dated on 12 December 2007 and 15 January 2008, and a copy of an electronic mail (email) message, dated 22 September 2007, from his PA to him in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he enlisted in the Regular Army for a period of 4 years on 8 July 2003.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 68W (Health Care Specialist).  He was retained in the Army for 200 days for the convenience of the government and was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 23 January 2008.  The highest rank/grade he attained during his military service was sergeant (SGT)/E-5.

2.  The applicant’s records further show that he served in Iraq in support of Operation Iraqi Freedom from 30 October 2006 to 18 October 2007.  He was assigned to Headquarters and Headquarters Troop, 1st Squadron, 40th Cavalry, 4th Brigade, 25th Infantry Division.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded the Army Commendation Medal, the Army Achievement Medal, the Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, the Army Service Ribbon, the Overseas Service Ribbon (2nd Award), the Combat Medical Badge, the Parachutist Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.  Item 13 of his DD Form 214 does not show award of the Purple Heart.

4.  The applicant’s medical records are not available for review with this case.

5.  An email message, dated 17 December 2008, from the Army Casualty and Mortuary Branch, Human Resources Command, Alexandria, Virginia, indicated that there is no casualty report for an injury or wound as a result of enemy action recorded for the applicant.

6.  The applicant submitted three unsubscribed or sworn statements as follows:

	a.  In his statement, dated 15 January 2008, the applicant states that at approximately 0200 hours on 2 June 2007, he was on a dismounted patrol following C Troop on Compound Road when a surface-laid improvised explosive device (IED) detonated five feet behind him.  He was thrown in the air with his night vision goggles shut off, and all he could hear was ringing in his ears.  He had blood leaking from his left ear and had a taste of metal in his mouth and a severe headache.  He checked on SGT R____ who was all right; however, he cannot remember what happened to the rest of the troops.  Two days after the incident, he was seen at the battalion aid station and was told he had a possible concussion and a perforated left ear drum.

	b.  In a statement, dated 12 December 2007, SGT R____ states that at approximately 0200 hours on 2 June 2007, he was on a dismounted patrol following C Troop on Compound Road.  A surface-laid IED detonated 5 meters from the applicant and two meters from him.  The explosion caused shrapnel to hit his right shoulder and caused him and the applicant to be unable to hear.  He adds that he was on the left side of the road while the IED was on the right side of the road along with the applicant.  The explosion could have injured or killed the applicant.

	c.  In a statement, dated 15 January 2008, another Soldier states that at approximately 0200 on 2 June 2007, he was on a dismounted patrol following C Troop on Compound Road when a surface-laid IED detonated approximately 5 meters from the applicant.  The author/Soldier further states that he ran to the applicant’s location and, on investigation, noticed a small trickle of blood oozing from the applicant’s left ear and that the applicant appeared to be dazed.  He concludes that this IED could have seriously injured or killed the applicant.

7.  The applicant submitted a copy of an email message he received from his PA on 22 September 2007.  In the message, the PA displays his anger at the applicant for seeking psychological evaluation in Qatar and tells him that he would contact the Qatar hospital chain of command to get him back to Iraq as soon as possible.  The applicant further hand-wrote the following on this email message:

This is the reason I did not get the Purple Heart.  I was evacuated after this because I was considered to be returning to a hospital work environment.  I was blown up and have brain injury recorded in my medical records at the providence Regional VA Office, which is located at 3800 West Minister Street, providence, RI  02903.  My PA who is CPT K____ magically lost my medical records from Iraq and my field medical card I had filled out as I was the platoon medic when I was hit with the IED.  I feel like I have been robbed of what I earned in defense of my country and I am asking you to set things right.

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 medical personnel, and the medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Purple Heart and the evidence presented were carefully considered; however, there is insufficient evidence to support award of the Purple Heart in this case.

2.  The PA’s message to the applicant may sound negative or provocative; however, there is no evidence that the PA "magically" lost the medical records that show the applicant was wounded in action.  Furthermore, there is no evidence that the applicant was wounded or injured as a result of the alleged IED explosion on 2 June 2007 or that he was treated for such injury.  Additionally, there was no casualty report prepared at the time of the incident.  As a combat medic and a sergeant, the applicant knew or should have known that there were other ways he could have reported the injury through official channels.

3.  The decision whether to award an individual the Purple Heart is made by the commander having award approval authority after ensuring that the individual met the criteria for award of the Purple Heart.  In the absence of a completed, authenticated, and verified casualty report, or other evidence which clearly shows the applicant suffered a wound or injury as a result of hostile action, that he was treated for this wound or injury, and that his treatment was made a matter of official records, there is insufficient evidence to award him 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.


																XXX
      _________________________
                 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)                                         AR20080015686



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ABCMR Record of Proceedings (cont)                                         AR20080015686



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