IN THE CASE OF:	  

		BOARD DATE:	        18 DECEMBER 2008

		DOCKET NUMBER:  AR20080016104 


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 previous request for award of the Purple Heart.

2.  The applicant states, in effect, that his request should be reconsidered based on his Department of Veteran Affairs (VA) Rating Decision dated 30 July 2008.

3.  The applicant provides in support of his application a copy of his VA Rating Decision, dated 30 July 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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080006839, on 29 July 2008.

2.  The available records show that on 22 February 2007 the applicant was serving on active duty in Iraq as a member of the Minnesota Army National Guard in support of Operation Iraqi Freedom.





3.  A Chronological Record of Medical Care (Standard Form 600) dated 22 February 2007, shows that the applicant made a routine appointment at a clinic for left hand pain (back).  The recording medical personnel indicated that the injury was battle-related and that the cause was battle injury/illness.

4.  The Casualty Feeder Report (DA Form 1156), dated 23 February 2007, which was prepared by a first sergeant shows the inflicting force and weapons of the applicant's injury/illness as "Enemy" and "Mortar."  Block 39 (Circumstances) of the DA Form 1156 contains the comments, relating to the applicant, that he "Was was in bunker during first volley.  After all clear was sounded was on way to billeting area when second volley came in, was approximately 75 to 100 yards from impact.  Was struck in hand by fragments from blast.  Treated by CSC S____ TMC."  The  block entitled "Approved by Commander (Field Grade Officer)" is unsigned.

5.  On 21 March 2007, a Statement of Medical Examination and Duty Status
(DA Form 2173) was completed.  The DA Form 2173 states, in effect, that the applicant incurred shrapnel wounds to the fourth and fifth fingers of the left hand during a mortar attack on 27 February 2007.  This form was signed by an officer holding the rank of captain.

6.  A Personnel Action (DA Form 4187), dated 22 March 2007, recommended that the applicant be awarded the Purple Heart.  It stated that the applicant was wounded in action and it basically contained the same information as reported in the 23 February 2007 Casualty Feeder Report.  It also states that he received fragmentation wounds to his left hand from the blast of the second enemy volley. This form was signed by the same captain that signed the DA Form 2173.

7.  On 5 April 2007, the battalion commander recommended disapproval on the applicant's recommendation for award of the Purple Heart.  The battalion commander stated, "Questionable package.  Only evidence of enemy induced wounds is Soldier's own statement.  Medical report does not make cause of injury clear."

8.  On 10 April 2007, the brigade recommended disapproval, without comment.

9.  On 22 April 2007, the commanding general disapproved the applicant's recommendation for award of the Purple Heart.




10.  On 30 July 2008, the VA awarded the applicant a 10 percent service- connected disability rating for degenerative disc disease, L5-S1; and a 10 percent service-connected disability rating for metallic fragment wound, right and little fingers, left hand, with residuals.  It is noted in the VA Rating Decision that his treatment records show that he received a shell fragment wound to his 
left hand during a mortar attack in February 2007 and that he was found to have a superficial hand injury with abrasion of the fingers.  A decision on entitlement to compensation for diabetes mellitus, type 2 was deferred by the VA.

11.  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.

12.  Army Human Resources Command Military Personnel (MILPER) Message Number 08-123 provides the guidance and criteria, applicability and standards on awarding and wear of service stars on the Iraq Campaign Medal (ICM).  It states, in pertinent part, that one bronze service star will be worn on the ICM for one or more days of participation in each designated campaign phase.  Approved designated ICM campaign phases and inclusive periods are listed below:

Liberation of Iraq/19 Mar 2003 - 1 May 2003 
Transition of Iraq/2 May 2003 - 28 Jun 2004 
Iraq Governance/29 Jun 2004 - 15 Dec 2005 
National Resolution/16 Dec 2005 – Date to be determined 

DISCUSSION AND CONCLUSIONS:

1.  The question in this case is whether or not the applicant is entitled to the award of the Purple Heart.

2.  The recommendation made by the applicant's battalion commander to disapprove the personnel action recommending that he be awarded the Purple Heart has been considered.  The battalion commander cited the fact that the only evidence of an enemy induced wound was the applicant's own statement and that the medical report did not make the cause of injury clear, as the basis for his 





recommendation.  Since the commanding general disapproved the award of the 
Purple Heart without comment, it is reasonable to presume that the commanding general's disapproval was based on the recommendation made by the intermediate commanders.

3.  However, the evidence of record shows that the applicant incurred shrapnel wounds to the fourth and fifth fingers of the left hand during a mortar attack; that he was struck in the hand by fragments from a blast; and that he received fragmentation wounds to his left hand from the blast of the second enemy volley. 

4.  The Casualty Feeder Report was prepared by a first sergeant, the DA Forms 2173 and 4187 were prepared by a captain, and all of the documents indicate that the applicant met the criteria for award of the Purple Heart.  

5.  The previous decision made in this case to deny the applicant the award of the Purple Heart has been noted.  However, based on the available evidence of record and the applicable regulations, he is entitled to the award of the Purple Heart and his records should be corrected accordingly.

6.  Evidence of record shows that the applicant participated in one campaign period during his tenure in Iraq.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Iraq Campaign Medal.

7.  In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.

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 amendment of the ABCMR’s decision in Docket Number AR20080006839, dated 29 July 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding him the Purple Heart for wounds received in action on
22 February 2007;

   b.  adding the Purple Heart to his 23 August 2007 DD Form 214; and
   
   c.  adding one bronze service star for wear on his already-awarded Iraq Campaign Medal to his 23 August 2007 DD Form 214.



      _________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)                                         AR20080016104



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ABCMR Record of Proceedings (cont)                                         AR20080016104



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